The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about a tree on a neighbouring property. There is insufficient evidence of fault to warrant an investigation.
The complaint
Mr X complains the Council has failed to act to remove a dangerous tree on an unoccupied neighbouring property. He says the tree is unsafe, puts him and his property at risk and the matter is causing him distress. He wants the Council to remove the tree.
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)) We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
In its complaint response to Mr X, the Council said it had assessed the tree and decided it did not pose a danger to property or public health. Because of this, it would not take any action. However, it told Mr X it would arrange a further inspection of the tree.
We will not investigate this complaint. The Council has assessed the tree and considered Mr X’s concerns before reaching its decision that no action is needed. This is what we would expect. Although I accept Mr X disagrees with the Council’s position, we cannot question a decision taken without fault. There is insufficient evidence of fault to warrant an investigation.
Final decision
We will not investigate Mr X’s complaint because there is insufficient evidence of fault to warrant an investigation.
Investigator's decision on behalf of the Ombudsman