Summary: The Ombudsman will not investigate Mr B’s complaint that the Council has failed to resolve his claim for damage caused by tree roots. This is because it concerns a matter which may be decided in court.

The complaint

1. The complainant, who I will refer to as Mr B, complains that the Council has failed to resolve his claim for damage caused by tree roots.

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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)
3. We have the power to start or discontinue an investigation into a complaint within our jurisdiction. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been, raised within a court of law. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)

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How I considered this complaint

4. I have considered what Mr B has said in support of his complaint and the complaint correspondence provided by the Council. I have offered Mr B the opportunity to comment on a draft of my decision.

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What I found

5. Mr B says his property has been damaged by the roots of a highway tree. The tree has now been removed. He has made a claim against the Council for the cost of repairs to his property and complains that the Council has not resolved the claim. The correspondence the Council has provided shows that the matter is currently in the hands of its insurers.
6. The Ombudsman will not investigate Mr B’s complaint because it concerns liability for damage to property. The Ombudsman cannot take a view on liability for damage. Such matters are for the courts. The evidence shows that the Council is considering Mr B’s claim and that it is currently with the insurers. If Mr B disagrees with the outcome of the claim, his recourse would be to pursue the matter in court. The Ombudsman will not intervene.

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Final decision

7. The Ombudsman will not investigate this complaint. This is because it concerns a matter which may be decided in court.

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Investigator's decision on behalf of the Ombudsman