Sandwell Metropolitan Borough Council (21 010 759)
Category : Environment and regulation > Trees
Decision : Closed after initial enquiries
Decision date : 13 Dec 2021
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the maintenance of highway trees. This is because it is reasonable for Ms X to make a claim against the Council’s insurers or in the courts for any personal injury or damage to property caused by negligence.
The complaint
- Ms X complained about the Council’s failure to take action after she reported that she had slipped and fallen on leaves and sap from a highway tree near her home. She wants the tree to be removed to prevent further hazards due to lack of maintenance.
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
- Ms X says her car is covered in sap when she parks on the highway under it and two years ago she slipped on wet leaves and injured her knee. She wants the Council to maintain the tree but says she would prefer it to be removed. She asked the Council to maintain the tree, but it took no action for 3 years.
- The Council says it planned to carry out the works within 12 months but that since the COVID-19 pandemic only emergency works were carried out until recently. Work to the tree was carried out in November to remove stems and growth around the trunk which was reducing access visibility for traffic.
- There is no requirement for councils to prevent leaves, sap or fruits from falling as this is considered to be a natural process. If Ms X suffers personal injury or damage to her property from the tree she would be able to submit an insurance claim against the Council. If the liability for the claim is denied it is reasonable for her to seek a remedy in the courts which are better placed to decide matters concerning the tort of negligence.
Final decision
- We will not investigate this complaint about the maintenance of highway trees. This is because it is reasonable for Ms X to make a claim against the Council’s insurers or in the courts for any personal injury or damage to property caused by negligence.
Investigator's decision on behalf of the Ombudsman