Summary: We will not investigate this complaint about a Council street tree as we cannot achieve the outcome the complainant seeks. Mrs X’s complaint that the Council has not carried out a street clean where she lives as promised has not been made to the Council and so we will not investigate.

The complaint

1. Mrs X complains about a tree outside her home which she says is unsightly and blocks light to her property. Mrs X wants the Council to remove the tree. Mrs X also complains the Council did not carry out a street clean in November 2024 that it had promised. Mrs X says her street is dirty and that it is traumatic for her to see.

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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 we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. The law says that, before investigating a complaint, we must normally be satisfied the Council knows about the complaint and has had an opportunity to investigate and to reply.

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How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. We will not investigate Mrs X’s complaint about the tree as we cannot ask the Council to remove it. It is for the Council to decide how to maintain its street trees. In its complaint response to Mrs X, the Council said the tree is in a healthy condition.
7. Mrs X’s complaint about the missed street clean has not been made to the Council. The Council needs to be given the chance to respond before we will assess this complaint.
8. We will not investigate, for these reasons.

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Final decision

9. We will not investigate Mrs X’s complaint because we cannot achieve the outcome she seeks in respect of the tree and the street cleaning complaint needs to be made to the Council.

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Investigator's decision on behalf of the Ombudsman