The Ombudsman's final decision
Summary: We will not investigate this complaint about a tree near the train network. This is because there is not enough evidence of fault to justify investigating.
The complaint
Mr Y has complained the Authority (TfL) has failed to properly maintain a tree which he says needs to be removed.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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 Mr Y and the Authority and the Ombudsman’s Assessment Code.
My assessment
TfL says it has visited Mr Y’s home to discuss the tree he has complained about. It says that it has told Mr Y it does not own the tree and for work to be carried out on the tree the overhead power lines would need to be shut down. It says that this is not its role and the national rail operator needs to coordinate the shutdown of the overhead power lines with a date when other work is already being carried out on the railway to allow for the line to close. TfL has therefore referred Mr Y to the rail network operator, who also own the land the tree is on.
As the tree is not either owned by or on the land of TfL and therefore TfL does not have responsibility for the tree, there is not enough evidence of fault in TfL’s lack of action to justify investigation. As there is not enough evidence of fault, we cannot justify investigating this issue and therefore we will not investigate it.
Final decision
We will not investigate Mr Y ’s complaint because there is not enough evidence of fault to justify investigating.
Investigator's decision on behalf of the Ombudsman