Summary: Mr X complained about the Council’s refusal to compensate him for damage to his property when a tree on Council land caused damage in a storm. We should not exercise discretion to investigate this complaint. This is because the complaint concerns liability for damage to property and only insurers and the courts can decide this.

The complaint

1. Mr X says he reported a tree near his property gates as being unsafe due to insecure branches. The Council inspected the tree but did not consider it required immediate attention. When the tree damaged his gateway with falling branches, he submitted a claim, but it was rejected by the Council’s insurers. He wants the Council to accept liability for the damage to his gateway which amounted to nearly £1,500.

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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)

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How I considered this complaint

3. I have considered all the information which Mr X submitted with his complaint. Mr X has been given an opportunity to comment on a draft copy of my decision.

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What I found

4. Mr X says his gateposts and fence where damaged by branches which fell from a tree growing on Council land. He says he had contacted the Council previously and informed it about the state of the tree. The Council inspected the tree but did not consider it required urgent attention. The Tree Officer decided that it would be safe until bees nesting in the tree had left after the summer.
5. The damage was caused when branches fell from the tree during a summer storm. Mr X submitted a claim against the Council, but its insurers rejected it and denied liability for the damage.
6. The Ombudsman does not normally investigate complaints about damage to property or personal injury. These are legal claims about the tort of negligence and can only be determined by insurers or the courts. The Council has denied liability for Mr X’s claim and it is reasonable for him to take the matter to the Small Claims Court if he remains dissatisfied.

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Final decision

7. We should not exercise discretion to investigate this complaint. This is because the complaint concerns liability for damage to property and only insurers and the courts can decide this.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman