Summary: The Ombudsman will not investigate Mrs B’s complaint about the damage to her garage from trees growing behind her property, and about the Council’s response to her complaint about the matter. This is because it would be reasonable for Mrs B to use the legal remedy available to her in the courts to pursue a property damage claim. As we are not investigating the substantive matter, we will not consider how the Council has responded to it.

The complaint

1. Mrs B says the trees growing in the Council houses at the rear of her property caused damage to the garage.
2. Mrs B also complains about the way the Council dealt with her complaint.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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)
5. The Ombudsman will not normally investigate a Council’s complaint handling if we are unable to deal with the substantive matter.

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How I considered this complaint

6. I have considered what Mrs B says in her complaint and her comments to draft decision.

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What I found

7. Mrs B says the trees growing in the Council houses behind her property caused damage to her garage.
8. Mrs B also complains about the way the Council has dealt with her concerns. She says she complained to the Council many times and sent photos as evidence. Mrs B says the Council sent out a loss adjuster to assess the situation but it has not given her any update on the matter she complains about.
9. If Mrs B considers the Council has not dealt with the damage caused to her garage by the trees growing on Council land, she can seek a remedy through the courts. Like most property damage claims, it would be for the court rather than the Ombudsman to decide if the Council should be liable to pay damages. So, it would be reasonable for Mrs B to take the matter to court.
10. The Ombudsman does not investigate the way a council handles complaints or correspondence if we are not investigating the underlying matter. This is because the complaint handling does not lead to a separate injustice significant enough to warrant investigation.

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Final decision

11. The Ombudsman will not investigate this complaint. This is because it would be reasonable for Mrs B to use the legal remedy available to her in the courts to pursue a property damage claim. As we are not investigating the substantive matter, we will not consider how the Council has responded to it.

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Investigator's decision on behalf of the Ombudsman