Summary: We will not investigate Mr B’s complaint about the Council’s decision to plant a street tree outside his home. This is because the information does not indicate the Council’s decision was affected by fault.

The complaint

1. Mr B complains the Council planted a tree on the pavement outside his home. Mr B says the tree makes it difficult for him and his passengers to get in and out of his car when he parks on the road outside his home. Mr B would like the Council to remove this tree.

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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 Mr B.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The information does not suggest the Council’s decision to plant a tree in this location was affected by fault. The Council has explained its reasons for planting street trees and the criteria it uses when deciding suitable planting locations. I have not seen any information to indicate the Council’s decision to plant this tree was not in line with the Council’s tree planting criteria.
6. So, we will not investigate this complaint.

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Final decision

7. We will not investigate Mr B’s complaint because there is not enough evidence of fault to justify an investigation.

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Investigator's decision on behalf of the Ombudsman