Summary: We will not investigate Mr X’s complaint about damage to his property he says was caused by a tree on council land and the actions of council staff. This is because part of the complaint is late, and it is reasonable for Mr X to use the legal remedy available to him.

The complaint

1. The complainant, whom I shall call Mr X, complains a tree on council land damaged his property when it fell over. Mr X also says the Council’s staff left the remains of the tree on his land, causing further damage to a fence.

Back to top

The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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)
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)

Back to top

How I considered this complaint

5. I considered Mr X’s complaint to the Ombudsman and the information he provided. I also gave Mr X the opportunity to comment on a draft decision before reaching a final decision on his complaint.

Back to top

What I found

6. Mr X says that in March 2019, a tree on council owned land fell onto his property, damaging a fence. Mr X says he reported the damage to the Council and it visited the site. Mr X says the Council left the remains of the tree behind his fence. Mr X says this has caused further damage. Mr X wants the Council to pay for this damage, as well as the cost of repairing the fence which the tree landed on.
7. The Council has responded to Mr X’s complaints. It says it originally thought the tree was on its land which is why it responded in March 2019. It has now discovered the tree is on private land. It has therefore refused Mr X’s claim for damages.
8. The Ombudsman normally expects people to complain to us within twelve months of them becoming aware of a problem. We look at each complaint individually, and on its merits, considering the circumstances of each case. But we do not exercise discretion to accept a late complaint unless there are good reasons to do so. I do not consider that to be the case here. I see no reason Mr X could not have complained much earlier. The exception at paragraph 3 therefore applies to his complaint about the original damage to his property.
9. But even if this part of Mr X’s complaint was not late, it is not one we would investigate. This is because there is a clear dispute about the ownership of the land on which the tree was located. We cannot decide questions of property or land ownership. Such matters are for a court of law to decide, so it would be reasonable for Mr X to take the matter to court.
10. Damage to property is also a matter for the courts. This applies to the original damage and the more recent issue Mr X says was caused by the Council leaving the remains of the tree behind. If the Council’s insurers reject a formal claim for damages from Mr X, it is open to him to make a claim in court. The Court can decide if the Council has been negligent and what damages, if any, the Council should pay. These are not decisions we can take.

Back to top

Final decision

11. We will not investigate Mr X’s complaint. This is because part of the complaint is late, and it is reasonable for Mr X to use the legal remedy available to him.

Back to top

Investigator's decision on behalf of the Ombudsman