Summary: We will not investigate this complaint about the Council’s failure to prune trees which are growing on land opposite the complainant’s home. There is insufficient evidence of fault in the Council’s decision-making process to justify an investigation.

The complaint

1. Miss X complains on behalf of her mother Mrs Y. She complains the Council is failing to prune trees growing on land opposite Mrs Y’s home.
2. Miss X says
• The Council never consulted residents when they planted the trees
• the trees are too big and

• block light to Mrs Y’s home, and
• make a mess by dropping leaves, sap and debris which is a trip hazard

Miss X wants the trees reduced to a height below the level of the nearby houses.

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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. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done.

(Local Government Act 1974, sections 26B and 34D, 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 Ms X and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. Miss X says the Council failed to consult residents before planting the trees. It is clear from the information I have seen that the trees have been growing for many years. Miss X says Mrs Y has lived in her home since it was built. Therefore she has been aware of the trees for many years. It is too late to complain about the lack of consultation on tree planting now.
9. Miss X says the Council failed to maintain the trees, they block light, and it fails to clear up sap and debris.
10. The Council’s published tree policy for Council owned trees says it is responsible for maintaining trees on its land. However it states it will not manage or maintain for:
• Leaf, seed or fruit fall. It undertakes leaf clearance on the public highway and in the parks and open spaces on an annual basis
• Honeydew or sap.
• TV, phone lines or mobile phone signal.
• Branches overhanging gardens.
• Height. Tall trees are not in themselves a health and safety risk
• Squirrels or animals entering property by trees.
• Birds nesting, roosting or fouling, or insects located in or around trees
11. The Council has also confirmed it is compiling an inventory of trees in Mrs Y’s ward. It says any works recommended to the trees will be carried out in line with its tree strategy and good arboricultural practice.

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Final decision

12. We will not investigate Miss X’s complaint because:
• It is too late to complain about a lack of consultation on planting trees many years ago.
• There is not enough evidence of fault in the Council’s decision-making process to justify an investigation.

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Investigator's decision on behalf of the Ombudsman