Walsall Metropolitan Borough Council (21 004 504)
Category : Environment and regulation > Trees
Decision : Closed after initial enquiries
Decision date : 25 Oct 2021
The Ombudsman's final decision:
Summary: We will not investigate this complaint about a claim for tree root damage to property. Mrs X has submitted an insurance claim against the Council and it is reasonable for her to seek a court remedy if liability is not accepted by the Council.
The complaint
- Mrs X complained about the Council’s refusal to remove trees from outside her property which she says are causing root damage to her wall. She also complained about leaf debris and seedlings in her garden.
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 considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mrs X complained to the Council about damage to her wall caused by two trees in the highway verge outside her home. She says the roots from the trees have cracked her wall. She also complained about leave litter, loss of light and seedlings growing on her property. She asked the Council to remove the trees.
- The Council says it has crown-lifted the tree and that some root pruning was carried out by a contractor on the Council’s side of the boundary. It does not plan to remove the trees and says that the householder is responsible for any leaves, debris or seedlings on their own land.
- Following her complaint Mrs X submitted an insurance claim form and this is currently being dealt with by the Council’s insurers. The Ombudsman will not normally investigate complaints about damage to property arising from trees which are on council-owned land. This is because these complaints are really about whether the council has been negligent by not maintaining them or planting them too close. Negligence claims, and interpreting the law around tree maintenance, are generally best decided by insurers or, where liability is not accepted, a court.
Final decision
- We will not investigate this complaint about a claim for tree root damage to property. Mrs X has submitted an insurance claim against the Council and it is reasonable for her to seek a court remedy if liability is not accepted by the Council
Investigator's decision on behalf of the Ombudsman