Summary: We will not investigate Mr X’s complaint about the Council’s handling of his application to complete works on a protected tree. This is because there is not enough evidence of fault.

The complaint

1. Mr X complains:
• The Council closed his application to complete works on a tree protected by a Tree Preservation Order; and
• A Councillor’s conduct breached the Council’s code of conduct; and
• The Council handled his complaint poorly.
2. A Tree Preservation Order is an order made by a local planning authority to protect specific trees. It is an offence to complete any works to a protected tree without written consent from the local authority.

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The Ombudsman’s role and powers

3. 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, or
• any injustice is not significant enough to justify our involvement

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

4. I considered information provided by Mr X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. In 2023, Mr X applied to reduce the size of a protected tree. The Council asked him for measurements of his planned works. Mr X disputed the Council’s request and said he did not have to provide measurements in his 2017 application. Mr X did not provide the information and the Council closed his application. There is not enough evidence of fault or injustice to investigate further.
7. Mr X asked a Councillor about the discrepancy in information required in his 2017 and 2023 applications. He was unhappy with the Councillor’s response. Any injustice is not significant enough to justify further investigation.
8. It is not good use of public resources to investigate complaints about complaints procedures if we are not investigating the substantive issues.

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Final decision

9. We will not investigate Mr X’s complaint because there is not enough evidence of fault.

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Investigator's decision on behalf of the Ombudsman