Newcastle upon Tyne City Council (23 016 850)
Category : Environment and regulation > Trees
Decision : Closed after initial enquiries
Decision date : 30 Jan 2024
The Ombudsman's final decision:
Summary: We will not investigate Mrs B’s complaint that a Council owned tree fell on her vehicles causing damage. This is because it is reasonable for Mrs B to pursue her compensation claim by taking the Council to court.
The complaint
- Mrs B complains a Council owned tree fell on her car and her husband’s van. Mrs B says the Council has wrongly refused to pay compensation for the damage. Mrs B would like the Council to pay for the required repairs to both vehicles.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- The Act 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)
How I considered this complaint
- I considered information provided by Mrs B.
- I considered the Ombudsman’s Assessment Code.
My assessment
- The Council has considered Mrs B’s compensation claim but has not accepted it is liable for the damage to these vehicles. The Council said the tree fell during severe weather conditions and the Council did not identify any actionable defects when it last inspected this tree.
- Mrs B may now pursue her claim by taking the Council to court.
- The role of the Ombudsman is to consider complaints of administrative fault. We cannot decide liability in complaints about damage to property. This is for the Council’s insurers and ultimately for the courts.
- Deciding whether an organisation has been negligent usually involves looking rigorously, and in a structured way at evidence as only the court can to make its findings.
- The court can decide what damages, if any, the Council should pay. Also, unlike the Ombudsman, the court can order a party to pay damages.
- I find it is reasonable for Mrs B to take the Council to court, via her insurer if needed. The fee for making a claim is relatively modest and Mrs B may ask for the fee to be reimbursed if her claim is successful.
Final decision
- We will not investigate Mrs B’s complaint because it is reasonable for her to take the Council to court.
Investigator's decision on behalf of the Ombudsman