Durham County Council (24 010 214)
Category : Environment and regulation > Other
Decision : Closed after initial enquiries
Decision date : 13 Nov 2024
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s handling of Mr X’s request that it carry out works to a tree and hedge close to his home. This is because there is no evidence to suggest fault by the Council.
The complaint
- Mr X complains his concerns about safety and visibility have not been properly addressed by the Council’s response to his request that it carry out works to a tree and hedge close to his home which he says cause nuisance and danger to residents.
The Ombudsman’s role and powers
- We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’ which we call ‘fault’. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
- 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, including the Council’s response to the complaint.
- I considered the Ombudsman’s Assessment Code.
My assessment
- In response to Mr X’s concerns about a privet hedge and tree close to his property, the Council investigated and decided no work was required to the tree and that the hedge would be reduced in height and width but not removed.
- It is not our role to act as a point of appeal against decisions made by councils with which complainants disagree. We cannot question council decisions if they have followed the right steps and considered the relevant evidence and information. While Mr X may not agree with the Council’s decisions, they are the Council’s to make and there is no evidence to suggest fault affected them.
Final decision
- We will not investigate Mr X’s complaint because there is no evidence to suggest fault by the Council.
Investigator's decision on behalf of the Ombudsman