Summary: We will not investigate this complaint about damages the Council caused to a hedge. This is because it is reasonable for Mr and Mrs X to pursue their compensation claim by taking the Council to court.

The complaint

1. Mr and Mrs X complained the Council caused damage to a hedge on their property. They also complained about how the Council responded to the matter.
2. Mr and Mrs X said the damage impacted on the privacy into their home.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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)
5. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect 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 the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

6. I considered information provided by the complainant and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. Mr and Mrs X complained the Council caused damage to a hedge on their property and wished to pursue a compensation claim.
9. Our role is to consider complaints of administrative fault. Negligence claims are best decided by an organisation’s insurers, and if needed, where liability is not accepted, then the courts. Only the courts can decide if an organisation was negligent, and if so, make an order for damages. We cannot recommend actions or payments that ‘punish’ an organisation.
10. I consider it reasonable for Mr and Mrs X to pursue this matter through the courts, either directly or via their home insurer. Only the courts can award compensation, as Mr and Mrs X wish to pursue a claim for. This is not something which is achievable by the Ombudsman.
11. Additionally, it is not a good use of public resources to investigate complaints about complaint or insurance claim handling procedures, if we decide not to deal with the substantive issue. Therefore, we will not investigate Mr X’s complaints about the Council’s handling of this matter.

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Final decision

12. We will not investigate Mr and Mrs X’s complaint because it is reasonable for them to pursue their compensation claim by taking the Council to court.

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Investigator's decision on behalf of the Ombudsman