Summary: Ms X complains about the Council’s handling of matters relating to a tree, the subject of a planning condition, and its failure to take enforcement action. We will not investigate the complaint because there is insufficient evidence of fault by the Council to warrant an investigation.

The complaint

1. Ms X complains the Council was neglectful of its duties and failed to follow its own procedures in relation to a tree whose retention was the subject of a planning condition for a development at a site in her locale. She also complains about the Council’s complaint handling.

Back to top

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 or continue an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

Back to top

How I considered this complaint

3. I considered information provided by the complainant and the Council, including its response to the complaint.
4. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

5. We do not investigate every complaint we receive and we will not investigate when there are insufficient grounds to warrant an investigation.
6. While Ms X may be upset that the tree at the development site could not be retained, it is being replaced in accordance with the relevant planning condition. The Council has adequately addressed the concerns she raised about what an officer had told her and why no enforcement action was taken in relation to the loss of the tree.
7. We will generally not investigate complaint handling when we are not investigating the substantive issue and there are insufficient grounds to warrant an investigation here.

Back to top

Final decision

8. We will not investigate Ms X’s complaint because there is insufficient evidence of fault by the Council to warrant an investigation.

Back to top

Investigator's decision on behalf of the Ombudsman