London Borough of Merton (22 016 169)
Category : Environment and regulation > Trees
Decision : Closed after initial enquiries
Decision date : 14 Mar 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint about damage caused to Mr X’s property by trees. It is a matter for the courts.
The complaint
- Mr X complained about trees causing damage to his property. He says the Council has delayed acting and he is worried one of the family will be injured. He says the matter has caused him significant distress and has led to them being unable to sell their house. He wants the Council to pay for repairs to his property and pay damages for the family’s suffering.
The Ombudsman’s role and powers
- 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)
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- We do not normally investigate complaints about damage to property. Negligence claims are generally best left to the courts to decide. There is not a good reason for us to consider the complaint instead. Only a court can decide whether:
- the authority should have dealt with the problem before it caused the complainant harm;
- the complainant should have taken steps to avoid the harm;
- the Council is liable to pay damages for any loss or injury.
Final decision
- We will not investigate Mr X’s complaint because the courts are better placed to deal with negligence claims.
Investigator's decision on behalf of the Ombudsman