Wigan Metropolitan Borough Council (20 011 465)
Category : Environment and regulation > Trees
Decision : Closed after initial enquiries
Decision date : 09 Mar 2021
The Ombudsman's final decision:
Summary: We will not investigate Mr B’s complaint that the Council is at fault in denying liability for damage to his property. This is because it would be reasonable for Mr B to pursue the matter in court.
The complaint
- The complainant, who I will refer to as Mr B, complains that the Council is at fault in denying liability for damage to his property.
The Ombudsman’s role and powers
- 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 have considered what Mr B has said in support of his complaint and the documents he has provided. I have offered Mr B the opportunity to comment on a draft of this decision.
What I found
- Mr B says the roof of his home has been damaged by a tree owned by the Council. He also says ivy on the Council’s land has damaged his boundary fence.
- Mr B has made a claim against the Council for the cost of repair work. He complains that the Council has denied the claim. He wants the Council to accept liability for the damage and commit to ensuring the situation does not reoccur
- We will not investigate Mr B’s complaint because the Ombudsman cannot take a view on liability for damage to property. The claim is essentially one that the Council has been negligent in its maintenance of the tree and the land adjoining Mr B’s property, and that it is liable for the resulting damage. This is a matter for the courts.
- Were liability is disputed, as is the case here, courts can determine the matter. The Ombudsman cannot. Therefore, it would be reasonable for Mr B to pursue the matter in court. We will not intervene.
Final decision
- We will not investigate this complaint. This is because it would be reasonable for Mr B to pursue the matter in court.
Investigator's decision on behalf of the Ombudsman