Summary: We will not investigate this complaint about the Council’s refusal to accept responsibility for carrying out works to a tree. This is because it would be reasonable for the complainant to take the matter to court.

The complaint

1. The complainant, who I will refer to as Mrs B, complains that the Council is at fault in failing to accept responsibility for removing a tree close to her home.

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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 considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mrs B says a tree close to her home is causing damage to her boundary wall. She has asked the Council to remove the tree. The Council says the tree is not on its land and is not causing damage to the highway, so it has no responsibility for it. It has declined to carry out works. Mrs B regards the Council’s position as unreasonable, and points out that it has previously pruned the tree.
6. The Ombudsman will not investigate Mrs B’s complaint. The key matter is whether the Council owns the land, and this is not something we can determine. The fact that the Council may have carried out works in the past does not mean it has accepted responsibility for it and is liable to do so in future.
7. Where land ownership is in dispute, the Courts can be asked to determine the matter. It would be reasonable for Mrs B to take the matter to Court if she wants a definitive view. There is no role for the Ombudsman.

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Final decision

8. We will not investigate Mrs B’s complaint because it would be reasonable for her to take the matter to court.

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Investigator's decision on behalf of the Ombudsman