The Ombudsman's final decision
Summary: We will not investigate this complaint about the way the Council responded after the complainant reported concerns about a tree. This is because there is insufficient evidence of fault by the Coujcil and because the complainant could make an insurance claim.
The complaint
The complainant, whom I refer to as Ms X, complains about a tree. She is upset by damage caused by the tree and by leaf fall, and says the Council is ignoring her concerns. She wants the Council to remove the tree and plant it somewhere else.
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, or there is another body better placed to consider this complaint, (Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by Ms X and the Council. This includes the complaint correspondence and the tree policy. I also considered our Assessment Code and invited Ms X to comment on a draft of this decision.
My assessment
The Council’s tree policy says the Council will not do tree work for reasons associated with overhanging branches, leaf fall or an allegation a tree is too large. It may do work if there are actionable risks such as a danger to the public or to mitigate risks to buildings.
There is a tree close to Ms X’s property. She reported to the Council that leaves block her gutters and the branches allow squirrels access to the loft. She also thinks the tree might damage the foundations.
The Council explained the tree was pruned in late 2021 but agreed there was an outstanding pruning job. The Council told me this will be completed in the next couple of months. The Council told Ms X the tree was inspected again in September and there is nothing to suggest the tree is damaging her home. The Council invited Ms X to make an insurance claim.
The Council told me the tree is inspected every three years and work is carried out if deemed necessary by a tree officer. The Council said there is nothing to suggest Ms X has made an insurance claim.
I will not investigate this complaint because there is insufficient evidence of fault by the Council. The Council responded appropriately by doing an additional inspection and by arranging for the outstanding pruning to be done. I appreciate Ms X has concerns about the tree and is inconvenienced by leaves blocking her gutters. But, the Council’s decision not to prune is consistent with the policy so there is no reason to start an investigation.
In addition, a qualified tree officer decided no additional work is needed and it is not fault for the Council to follow the recommendations of professional tree officers. We do not act as an appeal body and cannot ask a council to prune or remove a tree when that would be contrary to the tree officer’s opinion and the policy.
If Ms X thinks the tree is damaging her home she can make an insurance claim as invited by the Council.
Final decision
We will not investigate this complaint because there is insufficient evidence of fault by the Council and because Ms X could make an insurance claim.
Investigator's decision on behalf of the Ombudsman