Summary: We will not investigate this complaint about damage caused to the complainant’s fence by the Council. This is because we cannot decide what the Council should pay towards the repairs as the courts are best placed to calculate claims for damages. It is therefore reasonable to expect the complainant to go to court to resolve his complaint.

The complaint

1. Mr X complains that his fence was damaged when the Council removed a tree. He is dissatisfied with the outcome of his insurance claim. He would like the Council to replace his fence.

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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).
4. 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 cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

5. I considered information provided by the complainant. I also considered the Ombudsman’s Assessment Code.

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My assessment

6. We will not investigate as it is reasonable to expect Mr X to now take his claim for damages to court. There is a simple procedure in the county court for dealing with small claims.
7. We have no powers to assess the damage to the fence nor compel the Council to replace the fence.

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Final decision

8. We will not investigate Mr X’s complaint because it is reasonable to expect him to go to court.

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Investigator's decision on behalf of the Ombudsman