Summary: We will not investigate this complaint about the Council’s decision not to allow Mr X to cut down a tree growing on the highway behind his garden. There is not enough evidence of fault in the way the Council made its decision. And we cannot achieve the outcome Mr X is seeking.

The complaint

1. Mr X complains the Council refuses to cut down a tree on the road behind his home. He says it has decided to cut down every other tree in the road. But it has not considered the tree behind his home is the largest and it has inaccurately measured the distance between the trees.
2. He wants the Council to allow him to remove the tree.

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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 or continue an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• we cannot achieve the outcome someone wants.

(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 Mr X.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. We are not an appeal body. We may only criticise a council’s decision where there is evidence of fault in its decision-making and aside from that fault officers would have made a different decision. So we consider the processes councils have followed to make their decisions. We cannot replace a council’s decision with our own or someone else’s opinion if the decision was reached after following proper process.
7. The Council confirms it has visited the site. It has decided to remove every other tree to create an approximately uniform line. It contacted those whose properties have trees growing behind them which the Council intended to remove. It did not contact Mr X as the tree behind his home was to remain.
8. I understand Mr X is dissatisfied with the Council’s decision. However, the tree is on the public highway and is the Council’s responsibility. It had visited the site and decided what action to take. We cannot require the Council to allow Mr X to cut down its tree.

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Final decision

9. We will not investigate Mr X’s complaint because there is not enough evidence of fault in the way the Council made its decision. Also, we cannot require the Council to allow Mr X to fell the tree.

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Investigator's decision on behalf of the Ombudsman