The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s handling of matters relating to a TPO for a tree in Ms X’s neighbour’s garden. This is because an investigation is unlikely to add significantly to that already carried out by the Council or lead to a different outcome.
The complaint
The complainant, who I refer to as Ms X, complains about the Council’s handling of matters relating to a Tree Preservation Order (TPO) for a tree in her neighbour’s garden which she wishes to cut back to reduce its impact on her garden. She says fault by the Council has been racially motivated against her.
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 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: we could not add to any previous investigation by the organisation, or further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6)) We cannot investigate a complaint if someone has appealed to a government minister. The Planning Inspector acts on behalf of a government minister. (Local Government Act 1974, section 26(6)(b), as amended)
How I considered this complaint
I considered information provided Ms X and the Council, including its response to her complaint.
I considered the Ombudsman’s Assessment Code.
My assessment
Ms X complained to the Council about its handling of matters concerning a TPO issued for a tree in her neighbour’s garden which she wishes to have cut back.
The Council acknowledged it had been at fault and apologised for the administrative errors which had occurred. However, it said it had acted to rectify the errors as soon as possible and that it had seen no evidence to support Ms X’s claim that she had been discriminated against because of her race.
Following the issuing of the TPO, Ms X applied to carry out works to the tree to reduce its impact on her garden. The Council refused her application and she appealed to the Planning Inspectorate. As Ms X used this alternative remedy, we have no jurisdiction to consider this matter.
With regard to the error which took place initially when the Council failed to notify Ms X of the TPO, this fault has been acknowledged by the Council during its investigation of Ms X’s complaint. I do not consider an investigation by the Ombudsman will be likely to usefully add to the Council’s own investigation or lead to a different outcome. While I understand Ms X may disagree with the decisions taken by the Council, I have seen no evidence to suggest it racially discriminated against her.
Final decision
We will not investigate Ms X’s complaint because an investigation is unlikely to add significantly to that already carried out by the Council or lead to a different outcome.
Investigator's decision on behalf of the Ombudsman