Summary: We will not investigate this complaint about the Council’s decision not to prune a tree. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, Mrs X complains the Council will not prune a tree that overhangs her garden. Ms X wants the Council to make the tree safe.

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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 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

3. I considered information provided by Mrs X. This includes the complaint correspondence and the Council’s tree policy. I also considered our Assessment Code.

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My assessment

4. The Council’s tree policy says the Council will only prune a tree if is essential because pruning can weaken a tree and lead to failure. The policy says the Council will not prune a tree if is perceived to be too big or for reasons linked to leaf fall.
5. Mrs X asked the Council to prune a tree which overhangs her garden. She says branches fall into her garden, where children play, presenting a danger. She says she had to move a greenhouse.
6. A tree officer inspected the tree and saw that no work is needed. There are no structural issues and the tree is stable and healthy. The Council said that regardless of the size of the tree, it cannot authorise tree work that does not meet the tree policy. The Council said Mrs X can arrange for the branches to be cut back to the boundary.
7. Mrs X disagrees with the decision. She is unable to cut back the tree and wants the Council to maintain its tree.
8. I will not start an investigation because there is insufficient evidence of fault by the Council. The Council responded appropriately by inspected the tree and deciding, when assessed against the tree policy, that no work is needed. I appreciate Mrs X disagrees but we are not an appeal body and we could not ask the Council to prune the tree when that would be contrary to the tree policy. There is no suggestion of fault in the way the Council assessed the tree so there is no reason to start an investigation. Mrs X can, however, cut the branches to the boundary which may reduce her concerns about falling branches. Mrs X can employ a tree surgeon if she cannot do the work herself.

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Final decision

9. We will not investigate this complaint because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman