Summary: We will not investigate this complaint about an alleged failure by the Council to maintain a public tree. This is because the Council inspected the tree in response to the complainant’s concerns and reached an evidence based judgement that maintenance works were not required. There is evidence of fault to warrant investigation.

The complaint

1. The complainant (Mr X) complains the Council is not maintaining a tree on a public residential road. He says the tree’s branches are falling onto the pavement and hitting pedestrians. Mr X says the Council has refused to carry out any works to the tree due to its perception no works are necessary.
2. In summary, Mr X says the falling branches are causing a hazard to pedestrians and safety issue generally. As a desired outcome, he wants the Council to undertake tree maintenance works.

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The Ombudsman’s role and powers

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

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How I considered this complaint

4. I considered information provided by the complainant and the Council. I also considered the Ombudsman’s Assessment Code.

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My assessment

5. The Council says it inspects all public trees for maintenance work on a two year cycle. It says the next inspection of the tree is scheduled for September 2025. That said, the Council says it inspected the tree in response to Mr X’s concerns and found the fallings twigs were not beyond levels expected of any tree during its normal life cycle. The Council determined no works were therefore required. In my view, the Council has properly responded to the issues raised by carrying out an inspection and reaching an evidence based judgement. It is not for me to question the merits of a decision properly made by an officer exercising their professional judgement. I see no evidence of fault to warrant investigation.

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Final decision

6. We will not investigate this complaint. This is because the restriction I outline at paragraph three (above) applies.

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Investigator's decision on behalf of the Ombudsman