Summary: The Ombudsman will not investigate Mr C’s complaint that the Council has refused to remove trees which have caused damage to his property. This is because it is unlikely we would find fault on the Council’s part.

The complaint

1. The complainant, who I will refer to as Mr C, complains that the Council has refused to remove trees which have caused damage to his property.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe it is unlikely we would find fault. (Local Government Act 1974, section 24A(6), as amended)
3. 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

4. I have considered what Mr C has said in support of his complaint.

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What I found

5. Mr C says his property has suffered damage caused by trees located on Council land. He has provided the Council with information which he says supports his contention that the trees are responsible for the damage and has asked the Council to remove them.
6. The Council has refused to do so. It has said that the information Mr C has provided is not sufficient to justify removing the trees and has set out the further information it would need him to provide. It has also set out how he may make a claim for the cost of repairs to his property.
7. The Ombudsman will not investigate Mr C’s complaint because it is unlikely we would find fault on the Council’s part. The Council has considered the evidence Mr C has provided and has decided that it does not demonstrate that its trees have caused the damage. That is a matter for the professional judgement of the Council’s officers and, without evidence of fault in the way they made their decision, it is not for the Ombudsman to criticise their judgement or intervene to substitute an alternative view.
8. If Mr C wishes to establish that the Council is responsible for the damage to his property, his recourse is to take the matter to court. The court can establish liability for damage. The Ombudsman cannot.

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Final decision

9. The Ombudsman will not investigate this complaint. This is because it is unlikely we would find fault on the Council’s part.

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Investigator's decision on behalf of the Ombudsman