London Borough of Merton (19 017 042)
Category : Environment and regulation > Trees
Decision : Closed after initial enquiries
Decision date : 26 Feb 2020
The Ombudsman's final decision:
Summary: The Ombudsman will not investigate Ms B’s complaint that the Council has refused to remove a tree outside her property. This is because Ms B may take the matter to court and it would be reasonable for her to do so.
The complaint
- The complainant, who I will refer to as Ms B, complains that the Council has refused to remove a tree outside her 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 spoken with considered what Ms B has said in support of her complaint.
What I found
- Ms B has asked the Council to remove a tree outside her property. She says the tree has caused damage to her boundary wall and garden. The Council has declined to remove the tree. It says the tree is scheduled for pollarding. Ms B contends that pollarding will not address the problem, and the tree should be removed.
- The Ombudsman will not investigate Ms B’s complaint. We cannot take a view on whether pollarding would be an effective course of action. Neither can we establish liability for the damage Ms A says the tree has caused. Liability for damage is a matter for the court. It would be reasonable for Ms B to make a claim for damages against the Council. This is a matter for the Council’s insurers and, ultimately, for the court. The Ombudsman will not intervene.
Final decision
- The Ombudsman will not investigate this complaint. This is because Ms B may take the matter to court and it would be reasonable for her to do so.
Investigator's decision on behalf of the Ombudsman