Summary: We will not investigate Mr X’s complaint about the Council’s decision to not accept liability for damage caused to his house by a fallen Council-owned tree, or issues with the insurance claim and complaint processes. We cannot make findings on legal liability and negligence claims, which are at the core of Mr X’s complaint. It would be reasonable for Mr X to pursue the legal rulings he seeks in court, as that is the body able to make those rulings. We do not investigate council insurance claim or complaints processes where we are not investigating the core issues giving rise to the complaint.

The complaint

1. Mr X lives in a property neighbouring Council-owned woodland. In October 2021, one of the trees fell and damaged his house. Mr X complains the Council:
1. has, through its insurers, unfairly denied responsibility for the damage done by the fallen tree;
2. failed to have effective processes in place for tree inspection and maintenance with its contractor;
3. delayed dealing with his insurance claim and complaint and failed to reply to questions about its tree maintenance arrangements.
2. Mr X says the fallen tree did £40,000 of damage to his property for which the Council has denied responsibility. He says the matter has caused him stress and he has had trouble and spent time pursuing the insurance claim and complaint. Mr X wants the Council to own up to its mistakes, pay for the damage to his house and pay him further compensation.

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The Ombudsman’s role and powers

3. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide:

• we cannot achieve the outcome someone wants; or
• there is another body better placed to consider this complaint.

(Local Government Act 1974, section 24A(6))

4. We have the power to start or discontinue an investigation into a complaint within our jurisdiction. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been, raised within a court of law. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)

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How I considered this complaint

5. I considered information from Mr X, and the Ombudsman’s Assessment Code.

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My assessment

6. The core of Mr X’s complaint is a claim of negligence by the Council and its contractors and a claim the Council is liable for the damage the fallen tree did to his house. Issues of negligence and legal liability for property damage are not matters on which the Ombudsman can rule. They are issues only insurers or the courts can decide. For us to make a finding on Mr X’s core complaint, we would have to decide the Council is liable for the damage caused. That is a finding we cannot make, so we cannot achieve the outcomes Mr X seeks.
7. I understand the insurers have denied liability on the Council’s behalf. Therefore, it would be for Mr X to pursue the legal rulings he seeks at court. It is reasonable for him to take these matters to court because it is the body which can make the determinations on liability and negligence at the core of his claims against the Council.
8. The Council has accepted it made errors in the way it processed Mr X’s insurance claim and complaint, and has apologised. We do not investigate insurance or complaint processes in isolation where we are not investigating the core issue giving rise to the complaint. It is not a good use of our resources to do so. That limitation applies here so we will not investigate this part of Mr X’s complaint. If Mr X considers the Council’s insurance claim process caused him avoidable injustice, he might include this issue in any legal action he pursues.

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Final decision

9. We will not investigate Mr X’s complaint because:
• we cannot make findings on legal liability and negligence claims so cannot achieve the outcomes he wants; and
• it would be reasonable for him to pursue the legal rulings he seeks in court because that is the body able to make them; and
• we do not investigate council insurance claim or complaints processes where we are not investigating the issues giving rise to the complaint.

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Investigator's decision on behalf of the Ombudsman