Summary: We will not investigate this complaint about how the Council dealt with the complainant’s application to carry out work to a protected tree. This is because the complainant has the right to appeal to the Planning Inspector. It is unlikely we could add to the Council’s response in relation to the complainant’s concerns about the actions of the tree officer during a site visit.

The complaint

1. The complainant, whom I shall refer to as Mrs X, has complained about how the Council dealt with her application to carry out work to a protected tree. She has also complained about the behaviour of the Council’s tree officer during a site visit. Mrs X says the Council has taken too long to determine her application and the tree officer was dismissive and rude.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. The law says we cannot normally investigate a complaint when someone can appeal to a government minister. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (Local Government Act 1974, section 26(6)(b), as amended)
4. The Planning Inspector acts on behalf of the responsible Government minister. The Planning Inspector considers appeals about:

• Delay – usually over eight weeks – by an authority in deciding an application for planning permission
• A decision to refuse planning permission
• Conditions placed on planning permission
• A planning enforcement notice.

5. The Ombudsman investigates 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 may decide not to continue with an investigation if we decide:

• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants.

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

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How I considered this complaint

6. I considered information provided by Mrs X and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. Mrs X can appeal to the Planning Inspector for non-determination if she is unhappy with how long it is taking the Council to determine her application. She can also appeal if the Council decides to refuse her application. I consider it would be reasonable for Mrs X to use her right to appeal and the Ombudsman will not usually investigate when someone has a right to appeal to the Planning Inspector.
9. Mrs X has also complained about the behaviour of the tree officer during a site visit. She says the officer was rude, made unacceptable comments and was dismissive of her reasons for applying to fell the tree.
10. It is not possible to know for certain what was said during the site visit. However, the Council has acknowledged the tree officer’s approach upset Mrs X and has apologised. It has also reminded the officer of the importance of acting in a professional manner when carrying out site visits and interacting with members of the public. I consider it unlikely an investigation by the Ombudsman could add to this response or achieve anything more for Mrs X.

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Final decision

11. We will not investigate Mrs X’s complaint because she has the right to appeal to the Planning Inspector. It is unlikely we could add to the Council’s response or achieve anything more for Mrs X in relation to her concerns about the behaviour of the tree officer.

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Investigator's decision on behalf of the Ombudsman