Summary: We will not investigate Mr X’s complaint that the Council failed to maintain a tree in its area. This is because there is insufficient evidence of fault to warrant an investigation. It is also reasonable to expect Mr X to submit his concerns about property damage to the Council’s insurers and ultimately the courts.

The complaint

1. Mr X complained the Council failed to maintain a tree in its area near his home. Mr X said the tree overhangs his garden and is concerned the tree has or may damage his home.
2. Mr X says the matter caused him distress and frustration.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended).
5. 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. (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 the complainant and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. We will not investigate Mr X’s complaint that the Council failed to respond to his concerns about a tree it is responsible for near his home. This is because the Council assessed the health of the tree on two occasions – once in 2022 and again in March 2024. In 2022 it found some work was required, and it carried out the necessary actions to improve the health of the tree. In 2024 the Council decided no additional work was required. There is insufficient evidence of fault in the process to warrant an investigation by the Ombudsman, and so we will not investigate this complaint.
9. Mr X also raised concerns that the tree has or may cause damage to his property. The role of the Ombudsman is to consider complaints of administrative fault. We cannot decide liability in complaints about damage to property, only the courts can do this. If Mr X finds the tree has caused damage to his property, it is reasonable to expect him to submit a claim to the Council’s insurers. If the claim is rejected, Mr X could take the matter to court, and it is reasonable to expect him to do so.

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Final decision

10. We will not investigate Mr X’s complaint because there is insufficient evidence of fault to warrant an investigation by the Ombudsman. It is reasonable expect Mr X to take his concerns about property damage to the Council’s insurers and the courts.

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Investigator's decision on behalf of the Ombudsman