London Borough of Lewisham (19 019 722)
Category : Environment and regulation > Trees
Decision : Closed after initial enquiries
Decision date : 31 Mar 2020
The Ombudsman's final decision:
Summary: The Ombudsman will not investigate Miss X’s complaint the Council’s tree is damaging her gate and fence. The complaint is late. Also, she can ask the courts to decide whether the Council is liable for the damage.
The complaint
- Miss X complains the Council refuses to respond to her complaint that one of its trees has damaged her fence and gate.
- She wants her property repaired and the tree removed.
The Ombudsman’s role and powers
- We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
- 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 considered the information provided by Miss X.
What I found
- Miss X says she has been complaining to the Council about damage caused by its tree for 10 years. She says she has not been able to use her back gate for 6 years.
- The law says a complaint must be made to the Ombudsman within 12 months form the day the person complaining became aware of the matter. But we have discretion to investigate if we consider there is good reason to do so.
- The law also says the Ombudsman should not investigate complaints where the complainant can take the matter to court.
- This complaint is late as Miss X has been aware of the issue for 10 years. I also consider it reasonable for her to use the legal remedy available to her. The courts consider questions of liability for damage to property so there is no reason why she should not pursue her claim in the courts.
Final decision
- I will not investigate this complaint. Miss X’s complaint is late. Also, she can ask the courts to determine whether the Council is liable for the damage to her gate and fence.
Investigator's decision on behalf of the Ombudsman