Summary: We will not investigate this complaint about the Council charging for works to remove a fallen branch. This is because the matter can only be definitively determined in court.

The complaint

1. The complainant, who I will refer to as Mr X, complains that the Council is at fault in the process of incurring costs relating to work carried out to remove a fallen branch, in requiring him to reimburse the costs, and in dealing with his subsequent complaint.

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The Ombudsman’s role and powers

2. 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

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X’s complaint relates the Council’s removal of a fallen branch from a tree on his property, which fell partly onto the highway. The Council has subsequently sent him a bill for what it says are the costs it incurred in carrying out the work.
6. Mr X complains that the process by which the Council carried out the work without allowing him the option of engaging a private contractor, and without providing information on the costs before carrying out the work, deprived him of agency. He further complains that the costs the Council is claiming are unreasonable. He describes them as “extortionate.” He has made an offer which he regards as reasonable, which the Council has rejected.
7. Mr X made a complaint to the Council. He asserts that the Council’s response demonstrates deficiencies in governance.
8. The Ombudsman will not investigate Mr X’s complaint. There is no dispute that the work was done and that the Council is entitled to recover its costs. The substantive matter is whether the costs are reasonable and were reasonably incurred. These questions can only be definitively determined in court. It is not for the Ombudsman to adjudicate.
9. If Mr X chooses not to pay the amount the Council is seeking, it will be for the Council to decide whether to take recovery action. If it decides to do so, this will place the matter within the remit of the courts, and will give Mr X the opportunity to set out his disagreement with the Council in court. There is no role for the Ombudsman.
10. It is not a good use of public resources to investigate complaints about complaint responses where we are unable to deal with the substantive issue. We will not therefore investigate Mr X’s concerns about how the Council responded to his complaint.

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Final decision

11. We will not investigate Mr X’s complaint because the substantive matter can only be definitively determined in court.

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Investigator's decision on behalf of the Ombudsman