Summary: We will not investigate this complaint about maintenance of Council trees on Mr X’s boundary. There is insufficient evidence of fault in the Council’s actions which would warrant an investigation. It is reasonable for Mr X to submit a claim for any damages to the Council’s insurers or the courts if no liability is accepted for any damages.

The complaint

1. Mr X complained about the Council’s failure to cut back trees in a neighbouring park which he says block out light and cause his guttering to become blocked. He says his car has had damage from falling branches in the past and he is concerned about roots damaging his property.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word ‘fault’ to refer to these. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)
3. 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

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

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My assessment

6. Mr X says trees in a neighbouring Council park are causing problems to his property. He asked the Council to cut the trees back, but it says its policy is not to cut tree canopy for loss of light reasons. He is concerned that overhanging branches drop debris on his house causing gutterings to block and expense of having them cleared.
7. The Council told Mr X it is not responsible for tree debris on private land. If any branches fall and cause damage he may make an insurance claim. This also applies to any root damage which he claims is due to the Council’s negligence.
8. Mr X has a common law right to remove any overhanging branches on his property as he may do with any neighbouring trees.
9. The Ombudsman cannot decide liability in negligence for damage to property or personal injury. This is a civil matter and can only be determined by insurers or the courts. The Council has advised him of this right and it is reasonable for him to pursue this remedy.

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Final decision

10. We will not investigate this complaint about maintenance of Council trees on Mr X’s boundary. There is insufficient evidence of fault in the Council’s actions which would warrant an investigation. It is reasonable for Mr X to submit a claim for any damages to the Council’s insurers or the courts if no liability is accepted for any damages.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman