Summary: We will not investigate this complaint that the Council are liable for damage to the complainants property because it failed to properly maintain a tree. This is because the issue of liability is one for the courts.

The complaint

1. The complainant, who I will call Mr X, complains that the Council is liable for damage to his property after a tree fell in 2017. Mr X says the Council failed to properly maintain the tree.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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. I will not investigate this complaint because the matter of liability for damage to Mr X’s property is one for insurers and then the courts.

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Final decision

7. We will not investigate Mr X’s complaint because the matter of liability is one for the courts.

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Investigator's decision on behalf of the Ombudsman