Summary: Mr X complained about the Council’s failure to take action over a tree outside his home which he says is damaging his property. We will not investigate this complaint. This is because it concerns a claim about damage to property and this is a civil matter for which it is reasonable for him to seek a remedy in the courts.

The complaint

1. Mr X complained about a tree in the pavement outside his home which he says has caused damage to the footway and to the wall of his property. He complained to the Council 2019 but says he has never received a final response about the claim. He wants the Council to remove the tree and repair his wall.

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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. 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

4. Mr X complained in 2019 about damage to his property from a tree which he says is leaning and causing damage to the footway around it and his garden wall. The Council says it replied to his original complaint and told him to complete and submit a claim form which would be considered by its insurers. The Council recently confirmed that no claim had been submitted by Mr X, so it has not been able to make a decision on liability.
5. The Ombudsman cannot determine liability claims for negligence claims about damage to property or personal injury. These are legal claims which may only be determined by insurers or the courts. It is normal procedure for claimants to submit an insurance claim against the Council. This will then be treated as a claim, rather than a complaint and passed on to its insurers or legal team for a response on liability.
6. If the Council’s insurers do not accept liability, then the claimant may seek a civil remedy in the courts.

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Final decision

7. We will not investigate this complaint. This is because it concerns a claim about damage to property and this is a civil matter for which it is reasonable for him to seek a remedy in the courts.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman