Summary: We will not investigate this complaint about damage caused to the complainant’s property due to a Council tree. This is because it is reasonable for the complainant to take her claim to court.

The complaint

1. In summary, Mrs X says the Council has been negligent in not satisfactorily remedying her complaint about damage to her property caused by an overgrown Council tree. She says the tree is also blocking sunlight.
2. Mrs X would like the Council to apologise and cut back the tree.

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The Ombudsman’s role and powers

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)

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How I considered this complaint

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

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My assessment

5. I will not investigate because the matter of liability for property damage is usually decided in the courts. It is reasonable for Mrs X to take the matter to court to protect her property interests. The court can decide liability. There is a simple procedure in the county court for dealing with small claims. Usually, solicitors are not required so the only costs will be the court fees.

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Final decision

6. I will not investigate as it is reasonable to expect Mrs X to go to court to decide the Council’s liability for damage to her property.

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Investigator's decision on behalf of the Ombudsman