Cheshire East Council (21 013 318)
Category : Environment and regulation > Trees
Decision : Closed after initial enquiries
Decision date : 17 Jan 2022
The Ombudsman's final decision:
Summary: We will not investigate this complaint about damage to the complainant’s property and possessions caused by a fall of a tree belonging to the Council. This is because it is reasonable for the complainant to submit a claim to the Council’s insurers or the courts if no liability is accepted for any damages.
The complaint
- The complainant, to whom I refer here as Mr Z, says that the Council has denied its responsibility for the damage to his fence, garden furniture and materials caused by the fall of the Council’s tree. Despite admitting ownership of the tree and removing it shortly after the fall, the Council has failed to recompense Mr Z for his financial losses.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- 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 Mr Z.
- I considered the Ombudsman’s Assessment Code.
My assessment
- I established that in this case the Council disputes its liability for the damage to Mr Z’s property and possessions. In such situation only insurers or courts can resolve the matter. If, as Mr Z says, the Council’s insurers fail to engage, he needs to consider instigating court proceedings.
- We will therefore not investigate Mr Z’s complaint because we cannot establish liability for the damage to his property and the extent of his claim. Consequently we would not be able to achieve Mr Z’s desired outcome. It is therefore reasonable to expect Mr Z to take court action to seek the outcome he requires, if the matter cannot be resolved by insurers.
Final decision
- I will not investigate Mr Z’s complaint because it is reasonable for Mr Z 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