The Ombudsman's final decision
Summary: We will not investigate Ms X’s complaint about the Council’s refusal to prune tree branches resting on and striking her roof. This is because there is not enough evidence of fault.
The complaint
Ms X says a 60-foot tree overhangs her property and branches are laying on and striking her roof. She says the noise is disturbing her sleep.
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 the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Ms X complained to the Council about the large tree outside her home. The Council said it does not own the tree and therefore will not act. It said the tree belongs to another Council. It suggested Ms X contact the other Council. The Council has acted in line with its policy.
The Ombudsman is not an appeal body. We look at the process a council followed to make its decision. If the Council followed its process correctly, we cannot question that decision. I see no evidence of fault in how the Council decided not to prune the tree as it made the decision in line with its policy.
Final decision
We will not investigate Ms X’s complaint because there is not enough evidence of fault.
Investigator’s decision on behalf of the Ombudsman
Investigator's decision on behalf of the Ombudsman