Arun District Council (21 009 568)
Category : Environment and regulation > Trees
Decision : Closed after initial enquiries
Decision date : 22 Nov 2021
The Ombudsman's final decision:
Summary: We will not exercise discretion to investigate this complaint about the Council’s maintenance of a protected tree on Mrs X’s boundary. It is reasonable for her to seek a remedy in the courts about liability for damage to her property or personal injury.
The complaint
- Mrs X complained about the Council’s refusal to accept liability for damage to her property or to remove a pine tree which she says sheds pine cones over her home. She wants the Council to remove the tree.
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.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mrs X says the Council has refused to take action or accept liability for damage to her property caused by pine cones falling from a large tree on neighbouring council land. She says a greenhouse was damaged and she involved solicitors to seek compensation for the damage.
- The Council says the tree is protected by a preservation order and has substantial amenity value. It says it will not remove limbs from the tree which are overhanging because this could cause problems with the health of the tree in general. It does not accept liability for damage to the greenhouse which was placed under the tree.
- We will not exercise discretion to investigate this complaint because it is reasonable for Mrs X to seek a remedy in the courts for any damages which she sustains through alleged negligence on the Council’s part.
Final decision
- We will not exercise discretion to investigate this complaint about the Council’s maintenance of a protected tree on Mrs X’s boundary. It is reasonable for her to seek a remedy in the courts about liability for damage to her property or personal injury.
Investigator's decision on behalf of the Ombudsman