Summary: We will not investigate Mr X’s complaint that a Council tree is damaging his property. This is because it is reasonable for Mr X to take his claim for damages to court.

The complaint

1. In summary, Mr X complains about damage to his property, wall and driveway. He says this is due to a council owned tree. Mr X says this is causing stress and affecting his emotional wellbeing.
2. Mr X would like the Council to bear the cost of repairs including any landscaping to make good his driveway.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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

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

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My assessment

6. The Council says there is no evidence its tree is responsible for the damage.
7. I will not investigate because the matter of liability for damages is usually decided in the courts. It is reasonable for Mr X to take the matter to court. The court can decide liability and if Mr X is entitled to claim the costs claimed. 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

8. I will not investigate as it is reasonable to expect Mr X to go to court to decide the Council’s liability for his claim for damages.

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Investigator's decision on behalf of the Ombudsman