Summary: The Ombudsman will not investigate Mr X’s complaint about damage to his property from a tree. This is because an insurance claim is ongoing. If the Council’s insurers reject Mr X’s claim, it is reasonable for Mr X to use the legal remedy available to him.

The complaint

1. The complainant, whom I shall call Mr X, complains a council owned tree is causing damage to his property. Mr X says the Council’s contractor has failed to carry out work to the tree as recommended in a report he commissioned.

Back to top

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)

Back to top

How I considered this complaint

3. I considered Mr X’s complaint to the Ombudsman and the information he provided. I also gave Mr X the opportunity to comment on a draft statement before reaching a final decision on his complaint.

Back to top

What I found

4. Mr X complains a council owned tree has damaged his property by causing subsidence. Mr X says the Council has failed to cut back the tree as recommended by a report he commissioned. Mr X is worried the tree will cause further damage. The Council says it cut the tree back “in accordance with British Standards” and has passed Mr X’s complaint to its insurers.
5. The role of the Ombudsman is to look for administrative fault. We cannot establish liability in cases involving damage to property. Such matters are for the Council’s insurers, and ultimately, the courts. If the Council’s insurers refuse Mr X’s claim, it is open to him to make a claim in court. I consider it would be reasonable for him to do so. The Court can then decide if the Council is liable for the damage to Mr X’s property. It can decide if the Council has acted appropriately and if it should carry out remedial work. The court can decide what damages, if any, the Council should pay Mr X. These are not decisions the Ombudsman can take and so our involvement is not appropriate.

Back to top

Final decision

6. The Ombudsman will not investigate Mr X’s complaint. This is because it is reasonable for Mr X to use the legal remedy available to him.

Back to top

Investigator's decision on behalf of the Ombudsman