Summary: We will not investigate this complaint about a delay in pruning a tree. This is because there is insufficient evidence of fault and injustice.

The complaint

1. The complainant, who I refer to as Mrs X, complains the Council delayed pruning a tree and then did not do the work adequately.

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The Ombudsman’s role and powers

2. 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 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

3. I considered information provided by Mrs X and the Council. This includes an update from the Council after the tree was pruned and a photograph of the tree. I also considered our Assessment Code.

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My assessment

4. Mrs X complained the Council had delayed pruning a tree outside her home. She says it blocks light and causes damp. She wanted the Council to prune the tree.
5. After Mrs X sent her complaint to us she added that the Council had pruned the tree in February. But, she said the work was inadequate and there were still some branches overhanging her drive. Mrs X reported that one of the crew said he had reported the tree to the Council because it was not in a good shape.
6. In response to my enquiries the Council said it had last inspected the tree in June 2022 and found that it was in reasonable health and condition. The Council inspected the tree last week and found the pruning that had been done was adequate and proportionate. The Council again found the tree is in a reasonable condition and in good health; there was no evidence of fungus or die-back. The Council agreed there was minimal overhang but said it is necessary to balance the tree. The Council spoke to the crew and nobody could remember making any comments about the tree. The Council will continue to inspect the tree in accordance with the inspection schedule.
7. I will not investigate this complaint because there is insufficient evidence of fault by the Council. The Council pruned the tree and, while Mrs X says the work was inadequate, the work has been inspected and found to be satisfactory. In addition the tree is in good health. It is not fault for a council to follow the professional judgement of tree officers and it is not our role to assess tree work or to ask a council to do additional tree work.
8. I appreciate the Council may have taken longer than planned to do the work but, in the interim, it inspected the tree and found it to be in a satisfactory condition. The delay may have been frustrating and inconvenient for Mrs X but it does not represent a degree of injustice requiring an investigation. If Mrs X thinks the tree has damaged her property she could make a claim on the Council’s insurance.

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Final decision

9. We will not investigate this complaint because there is insufficient evidence of fault and injustice.

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Investigator's decision on behalf of the Ombudsman