London Borough of Bromley (21 006 673)
Category : Environment and regulation > Trees
Decision : Closed after initial enquiries
Decision date : 07 Sep 2021
The Ombudsman's final decision:
Summary: We will not investigate this complaint that the Council will not pay the complainant the full cost of replacing his garden wall. This is because we cannot decide what the Council should pay towards the repairs. Where the amount is disputed, the matter is for the courts to decide. It is therefore reasonable to expect the complainant to go to court to resolve the matter.
The complaint
- The complainant, who I will call Mr X, complains the Council will not pay the full amount quoted to replace his garden wall. The damage was caused by a Council owned tree. Mr X would like the Council to pay the full amount for the replacement of the wall, in line with his quotes.
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 all information provided by Mr X, this includes the Council response. I also considered our Assessment Code.
My assessment
- Mr X complained to the Council in April 2020 that the Council owned tree outside his property had damaged his garden wall and the wall needs replacing.
- The Council has admitted liability for the damage to the wall and asked Mr X to obtain two quotes for the damage to be rectified. Mr X obtained two quotes, which both quoted for replacement of the wall, one for £4,140 and the other for £3,860.
- The Council has offered Mr X a final settlement figure of £2,500 for the work to be carried out. They Council explained they offer settlement on an indemnity basis and not a new for old basis.
- Mr X is unhappy with the offer and states the Council were aware of the impact the tree was having on his wall in 2010, when he contacted them. He would like the Council to remove the tree and pay the full cost of replacing the wall.
Final decision
- I will not investigate this complaint because it is reasonable for Mr X to take the matter to court to dispute the settlement amount.
- There is a simple procedure in the county court for dealing with small claims. Usually, solicitors are not required so the only costs will be the court fees.
Investigator's decision on behalf of the Ombudsman