The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision not to prune a tree which is growing behind the complainant’s home. There is insufficient evidence of fault in the Council’s decision-making process to justify an investigation.
The complaint
Councillor X complains on behalf of Mr Y. She complains about the Council’s decision not to prune a tree growing behind his home.
Councillor X says the tree is too big and: blocks light to Mr Y’s home made a mess by dropping leaves, seeds & twigs in the garden which blocks gutters; and increases Mr Y’s electricity costs as he needs lights on during the day Councillor X wants the Council to reduce the tree to a ‘reasonable height’.
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 continue an investigation if we decide there is not enough evidence of fault to justify investigating.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by Councillor X.
I considered the Ombudsman’s Assessment Code.
My assessment
In its complaint response to Councillor X, the Council explained that the tree is regularly inspected. It confirms it is healthy and poses no greater risk to Mr Y’s home than any other healthy tree.
The Council’s website states: “On Council owned trees we will normally agree to: remove trees or branches that pose a significant risk maintain statutory clearances above the road and footways clear growth that is obscuring streetlights and signs prune to clear growth that is in contact with your property (if reasonably beyond the scope of the resident to remedy the problem) prune our trees if they are causing a significant nuisance that is beyond the scope of the resident to remedy We will not normally agree to prune or fell our trees when the issue is: a minor case of loss of light or shading – including solar & photovoltaic cells because of leaf litter (including fruit and twigs) for minor incursion caused by branches to create or to reinstate views because of bird droppings or honey dew etc.
because of poor TV/Satellite reception to clear telephone lines, unless requested to do so in writing by the service provider.”
So, an appropriate Council officer has assessed the condition of the tree in response to Councillor X’s concerns. I have not seen any information to suggest this assessment was affected by fault. This means we cannot question the professional judgement of the officer that pruning was not justified.
Final decision
We will not investigate Councillor X’s complaint because there is not enough evidence of fault in the Council’s decision-making process to justify an investigation.
Investigator's decision on behalf of the Ombudsman