Summary: We will not investigate this complaint that the Council has not removed a tree. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, Ms X, complains about a tree outside her home. She says it blocks sunlight and causes inconvenience and damage by dropping a sticky substance. She says she has complained to the Council without getting a response. Ms X wants the Council to remove the tree.

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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. (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 Ms X and the Council. This includes the complaint correspondence. I also considered our Assessment Code.

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My assessment

4. The Council inspects street trees every three years. The tree policy says the Council only removes a tree if it is dead, dying or dangerous.
5. The Council inspected the tree near Ms X’s home in 2022 and found it needed some maintenance but was healthy.
6. Following a report from Ms X it inspected the tree in 2024 and did some pruning. The Council again found the tree is healthy. The Council inspected the path and found no problems. It said it would ensure the path is swept and leaves collected.
7. The Council explained to Ms X that the stickly substance is a natural occurrence. It agreed the substance can be inconvenient, but said it does not cause damage and can be washed from cars. The Council said it does not remove healthy trees for reasons linked to natural occurrences such as leaf fall and sap.
8. I will not start an investigation because there is insufficient evidence of fault by the Council. The Council responded to Ms X and, as a result, inspected the tree before the next scheduled inspection and completed some pruning. The Council explained the tree is healthy and it does not remove healthy trees, even though there might be issues caused by natural occurrences. The Council’s actions and response reflect the policy so there is no suggestion of fault and no reason to start an investigation.
9. Ms X has explained the problems she has with the tree. But, we are not an appeal body and we cannot ask the Council to remove a tree when that would be contrary to the findings of the tree officer and the tree policy.

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Final decision

10. We will not investigate this complaint because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman