Redditch Borough Council (19 009 490)
Category : Environment and regulation > Trees
Decision : Closed after initial enquiries
Decision date : 02 Nov 2019
The Ombudsman's final decision:
Summary: The Ombudsman will not investigate Mr A’s complaint that the Council has refused to remove trees which are causing damage to his property. This is because Mr A may take the matter to court and it would be reasonable for him to do so.
The complaint
- The complainant, who I will refer to as Mr A, complains that the Council has refused to remove trees which are causing damage to his property.
The Ombudsman’s role and powers
- 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)
How I considered this complaint
- I have considered what Mr A has said in support of his complaint and the Council’s response.
What I found
- Mr A says his property has suffered damage caused by tree roots. The damage is currently the subject of an insurance claim against the Council. Mr A says the Council has accepted responsibility for the trees. He wants the Council to remove the trees, which are still causing damage, and complains that it has not done so.
- The Council confirms that the damage to Mr A’s property is the subject of an insurance claim. However, it denies that it has accepted responsibility for the trees or the damage.
- The Ombudsman will not investigate Mr A’s complaint. The matter turns on whether the Council is responsible for the damage to Mr A’s property and whether this arises from negligence. The Ombudsman cannot take a view on these matters, which are ultimately for the courts, and cannot therefore determine whether the trees should be removed.
- It is open to Mr A to pursue this matter in court and it would be reasonable for him to do so. The Ombudsman will not intervene.
Final decision
- The Ombudsman will not investigate this complaint. This is because it would be reasonable for Mr A to pursue the matter in court.
Investigator's decision on behalf of the Ombudsman