Summary: We will not investigate Mr B’s complaint that his car was damaged due to the Council’s failure to maintain a tree. This is because it is reasonable for Mr B to pursue his compensation claim at court.

The complaint

1. The complainant, who I will refer to as Mr B, complains that during a storm a Council-owned tree fell on his car causing significant damage. Mr B says he had previously reported this tree to the Council and the incident was the result of the Council’s failure to maintain the tree. Mr B complains the Council has not accepted liability for the damage to his car. Mr B would like the Council to pay his insurance excess of £250. In addition, Mr B would like the Council to pay compensation for the increase in his insurance payments and the inconvenience he has suffered.

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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 Act 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 Mr B.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr B’s complaint is that his car was damaged due to Council negligence. Deciding whether an organisation has been negligent usually involves looking rigorously and in a structured way at evidence as only the court can to make its findings. In addition, only a court can decide if an organisation has been negligent and so should pay damages. We cannot recommend actions or payments that ‘punish’ the organisation.
7. I cannot decide whether the Council has been negligent and have no powers to enforce an award of damages. So, I would usually expect someone in Mr B’s position to seek a remedy in the courts.
8. I do not consider there is any exceptional reason why Mr B cannot do this. So, we will not investigate this complaint.

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Final decision

9. We will not investigate Mr B’s complaint because it is reasonable for Mr B to pursue his compensation claim at court.

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Investigator's decision on behalf of the Ombudsman