Summary: We will not investigate this complaint about damage allegedly caused to Mrs X’s property by a Council owned tree. This is because it is reasonable for Mrs X to take her claim to court.

The complaint

1. Mrs X complains that the Council has failed to respond to her claim for compensation for damage caused to her property. She says the Council is not responding to her or her claim handlers. Mrs X says she is afraid that damage from the tree will cause her boundary wall to fall leaving her property exposed. She says this is causing her distress and she would like the Council to deal with the claim.

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The Ombudsman’s role and powers

2. 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

3. I considered information provided by Mrs X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The Ombudsman cannot conclude whether the Council is responsible for the damage to Mrs X’s property; that is a legal matter. Mrs X says she made an insurance claim against the Council in March 2023, and has claim handlers acting for her. It is reasonable for Mrs X to continue this process and have a court decide on any liability the Council has here if it is not resolved by the insurers.

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Final decision

6. We will not investigate Mrs X’s complaint because it is reasonable for her to continue her claim through the courts.

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Investigator's decision on behalf of the Ombudsman