The Ombudsman's final decision
Summary: We will not investigate this complaint about overgrown trees in a cemetery and an alley. This is because there is insufficient evidence of fault by the Council.
The complaint
The complainant, whom I refer to as Mr X, complains the Council will not cut back trees in a cemetery or clear vegetation in an alley. He wants the Council to cut back the trees and clear the alley.
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 an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by Mr X and the Council. This includes the complaint correspondence and a map showing the Council is not responsible for the alley. I also considered our Assessment Code and invited Mr X to comment on a draft of this decision.
My assessment
The Council is responsible for a cemetery which is adjacent to an alley. The alley is overgrown with vegetation. Mr X asked the Council to cut back the trees in the cemetery and clear the alley.
The Council said the alley is privately owned and Mr X would need to contact the owner about clearing it. The Council explained it maintains the trees in the cemetery when needed.
I asked the Council for some more information. It confirmed the alley is not registered with or adopted by the Council but is privately owned. It said it prunes trees in the cemetery when needed for safety reasons or tree health. The Council confirmed none of the trees need work at the moment.
I will not investigate this complaint because there is insufficient evidence of fault by the Council. The Council responded appropriately by explaining it is not responsible for clearing the alley and the trees do not need to be cut back. I appreciate the alley causes problems for Mr X but there is nothing to suggest fault by the Council so no reason to start an investigation.
Final decision
We will not investigate this complaint because there is insufficient evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman