London Borough of Enfield (22 004 256)
Category : Environment and regulation > Trees
Decision : Closed after initial enquiries
Decision date : 28 Jul 2022
The Ombudsman's final decision:
Summary: We will not investigate the Council’s response to Mrs X’s complaint about her damaged fence. This is because the Council is not responsible for the damage.
The complaint
- Mrs X complains about an allotment holder who felled a tree damaging her fence. She says the allotment should be responsible for authorising the tree removal.
The Ombudsman’s role and powers
- We cannot investigate a complaint where the body complained about is not responsible for the issue being raised. (Local Government Act 1974, section 24A(1), as amended)
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- The Council has considered Mrs X’s complaint and advised it is not liable for the actions of a private individual working on the allotment. And Mrs X should consider taking action against the individual or claim on her home insurance.
Final decision
- We will not investigate Mrs X’s complaint because the Council is not responsible for the damage.
Investigator's decision on behalf of the Ombudsman