Summary: We will not investigate this complaint about damage caused to the complainant’s property by a tree belonging to the Council. This is because we cannot decide what the Council should pay towards the repairs as the courts are best placed to calculate claims for damages. It is therefore reasonable to expect the complainant to go to court to resolve her claim.

The complaint

1. Miss X complains that her property has suffered property damage due to roots from a tree belonging to the Council. She would like to the tree to be removed so that her boundary wall can be replaced, and her garden made safe for her granddaughter to play in.

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The Ombudsman’s role and powers

2. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

3. I considered information provided by the complainant. I also considered the Ombudsman’s Assessment Code.

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My assessment

4. We will not investigate as it is reasonable to expect Miss X to take claim for damages to court. There is a simple procedure in the county court for dealing with small claims.

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Final decision

5. We will not investigate Miss X’s complaint because it is reasonable to expect her to go to court.

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Investigator's decision on behalf of the Ombudsman