Summary: We will not investigate this complaint about the Council’s response to damage caused to the complainant’s property. This is because she may take the matter to court.

The complaint

1. The complainant, who I will refer to as Mrs B, complains that the Council has declined to accept liability for damage to her property caused by a tree.

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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 her property has been damaged by a tree owned by the Council. She complains that the Council has denied liability for the damage and has refused to carry out repairs, or discuss future action with her.
6. The Ombudsman will not investigate Mrs B's complaint. Matters relating to liability for damage to property are properly for the courts to decide, not the Ombudsman. Where liability is disputed, only the court can decide the issue. If Mrs B wants a definitive view on these matters, it would be reasonable for her to take them to court. There is no role for the Ombudsman.

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Final decision

7. We will not investigate Mrs B’s complaint because she may take the matter to court and it would be reasonable for her to do so.

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Investigator's decision on behalf of the Ombudsman