Summary: The Ombudsman will not investigate Mr A’s complaint that the Council has declined to accept liability for damage to his property. This is because it would be reasonable for him to pursue the matter in court.

The complaint

1. The complainant, who I will refer to as Mr A, complains that the Council has declined to accept liability for damage to his property.

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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 have considered what Mr A has said in support of his complaint.

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What I found

4. Mr A says his house has been damaged by the roots of a tree owned by the Council. He says he brought the matter to the Council’s attention in 2016. He says he has suffered financial loss and wants the Council to accept that it is liable.
5. The Ombudsman will not investigate Mr A’s complaint. His claim is, in effect, that the Council is liable for damage to his property and the resulting financial loss. The Ombudsman cannot determine liability for damage to property. The court can, and such matters are best decided in court. It would therefore be reasonable for Mr A to pursue the matter in court.

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Final decision

6. The Ombudsman will not investigate this complaint. This is because it would be reasonable for Mr A to pursue the matter in court.

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Investigator's decision on behalf of the Ombudsman