The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision not to remove a tree. This is because there is no evidence of fault on the Council’s part.
The complaint
The complainant, who I will refer to as Mr B, complains that the Council is at fault in refusing his request to remove a tree close to his property.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr B has asked the Council to remove a tree on his boundary. He believes the tree is dangerous and is concerned about potential damage to his home. He says danger from the tree causes his son anxiety which prevents him from using the garden. The Council has inspected the tree and does not believe it constitutes a danger. It does not believe removal is warranted and has declined to do so.
The Ombudsman will not investigate the complaint because there is no evidence of fault on the Council’s part. The Council’s complaint response indicates officers inspected the tree and applied the relevant policy. The original decision that removal was not justified was also subject to review.
The Ombudsman cannot take a view on whether the tree should be removed. That is a matter for the professional judgement of the Council’s officers. There is no evidence of fault in the way they made their decision. That being the case, we cannot intervene to criticise the decision or to substitute an alternative view.
Final decision
We will not investigate Mr B’s complaint because there is no evidence of fault on the Council’s part.
Investigator's decision on behalf of the Ombudsman