The Ombudsman's final decision
Summary: The Ombudsman will not investigate this complaint that the Council has failed to carry out agreed tree works. This is because there is insufficient evidence of fault on the Council’s part causing injustice to the complainant.
The complaint
The complainant, who I will refer to as Mr B, complains that the Council has failed to carry out works to trees close to his property.
The Ombudsman’s role and powers
The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide: there is not enough evidence of fault to justify investigating, or any fault has not caused injustice to the person who complained, or any injustice is not significant enough to justify our involvement, or (Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
The complainant has had the opportunity to comment on my draft decision. I considered his comments before making a final decision.
My assessment
Mr B lives next to a Council nature reserve. He says that in 2004 the Council carried out works to lay a hedge outside his fence in order to mitigate the risk of fire. He says growth of the trees and shrubs in front of the hedge is such that the hedge is now incapable of maintaining growth.
Mr B says the Council accepted the need to address the issue and set out the necessary works in January 2022. His complaint is that it has not completed the work it undertook to do. In its response to Mr B’s complaint, the Council says the works it has carried out are appropriate and that it does not intend to carry out more.
The evidence Mr B has provided shows that he has raised a number of issues with the Council relating to the trees close to his property. But his complaint to the Ombudsman relates specifically to tree and shrub growth in front of the hedge adjacent to his fence.
There are insufficient grounds for us to pursue the matter. While it is not clear from the correspondence that the works set out in January 2022 have been completed, that is not the key question for the Ombudsman. The Council regards the work it has done as appropriate and proportionate. Mr B does not, but it is not for the Ombudsman to question the professional judgement of the Council’s officers.
I have seen nothing to suggest that the decision not to carry out further works to the trees in front of the hedge has had the effect of causing Mr B so significant an injustice as to warrant our involvement. There are therefore insufficient grounds for us to investigate the complaint.
Final decision
We will not investigate this complaint. This is because there is insufficient evidence of fault causing Mr B an injustice.
Investigator's decision on behalf of the Ombudsman