Summary: The Ombudsman will not investigate this complaint about some trees that the complainant would like the Council to remove or prune. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, whom I refer to as Mr X, complains that the Council will not fell or prune three trees near the rear of his home.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if we believe it is unlikely we would find fault. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I read the complaint and the Council’s responses. I considered the tree inspection report. I considered comments Mr X made in reply to a draft decision.

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What I found

What happened

4. There are three trees to the rear of Mr X’s property. He contacted the Council to ask it to remove or prune them. He said the trees were draining water from his garden and he has to do a lot of watering. He said the trees are tall and dangerous. Mr X also expressed fears that the trees could damage his home through drainage and subsidence issues. Mr X said the Council should remove the trees and replace them with a variety native to the UK.
5. In response the Council explained that its tree officers had inspected the trees in November 2019 and found that no work was needed. It explained that it does not fell or prune trees to abate nuisance or when a tree is not causing damage. It also said that it does not routinely reduce the height of trees because this can stimulate growth. The Council explained it is due to inspect the trees again in 2021.
6. Mr X is dissatisfied with the response. He says the trees could damage his home and prevention is better than cure. He has repeated that he has to water his garden a lot and he thinks the trees should be replaced by trees from the UK.

Assessment

7. I will not start an investigation because there is insufficient evidence of fault by the Council. The Ombudsman does not act as an appeal body and cannot intervene simply because a council makes a decision that somebody disagrees with. In addition, it is for the Council’s officers to carry out tree inspections, not the Ombudsman.
8. The Council regularly inspects the trees and the inspections have not identified any issues that require work. The trees are not diseased and there is nothing to suggest they are causing damage. The Council has explained it does not do work if a tree is not causing damage. It also does not do work to alleviate a nuisance such as leaf fall. In addition to inspecting the tree the Council has explained to Mr X why work is not needed at the moment. The trees will be inspected again next year when tree officers will be able to assess if the trees are causing damage and to decide if any work is needed.

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Final decision

9. I will not start an investigation because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman