Summary: Mr X complained about the Council’s refusal to cut back tree branches which overhang his property. We should not investigate this complaint. This is because it concerns damage to property which is legal matter and can only be determined by insurers or the courts.

The complaint

1. Mr X complained about the Council refusing to prune tree branches which overhang his property and drop leaves which block gutterings causing dampness. He wants the Council to take action to prevent further damage.

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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 investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• it is unlikely we would find fault, or
• there is another body better placed to consider this complaint.

(Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

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

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What I found

5. Mr X says trees growing on neighbouring council land have been depositing leaves on his property for several years from overhanging branches. He says this has led to dampness and staining from algae and he wants the Council to remove the branches.
6. The Council told Mr X that the trees did not require pruning at present and that he has common law rights to remove branches which overhang his land. Fallen leaves are the responsibility of the owner of the land onto which they fall so it does not accept liability for any damage occurring. The Council informed Mr X that it inspected the trees at the time of his complaint ion 2020 and is not programmed to do so again until 2023.
7. There was no fault in the information which the Council has given to Mr X concerning his rights to cut branches overhanging his property. The Ombudsman is unable to determine claims about damage to property or personal injury caused by claims of negligence. Only insurers or the courts can do this. It is reasonable for Mr X to submit a claim for any damages and to take legal action if liability is denied by the Council.

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Final decision

8. We should not investigate this complaint. This is because it concerns damage to property which is legal matter and can only be determined by insurers or the courts.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman