Summary: We will not investigate this complaint that the Council has refused to accept liability for damage to property caused by tree it owns This is because it is reasonable for the complainant to take her claim to court. There is insufficient evidence of fault with the Council’s decision not to remove the tree.

The complaint

1. Ms X complains that the Council has refused to access liability for damage to her property which she says was caused by a Council owned tree. Ms X also complains about the Council’s decision not to remove the tree.

Back to top

The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
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)

Back to top

How I considered this complaint

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

Back to top

My assessment

6. I will not investigate Ms X’s complaint that the Council has refused liability for damage caused to her home by the tree. This is because the matter of liability for damages can only be decided by the courts. It is therefore reasonable for Ms X to take the matter to court. The court can decide liability and if Ms X is entitled to the costs claimed.
7. I will not investigate Ms X’s complaint that the Council has refused her request to remove the tree. The Council has carried out an inspection of the tree and concluded that there are no grounds to remove the tree, but that it would carry out work to the tree at a later date. This is a decision the Council was entitled to make and appears to have been made without fault. We cannot question the merits of the Council’s decision. Whilst Ms X strongly disagrees with the decision this does not mean the Council has done anything wrong.

Back to top

Final decision

8. We will not investigate Ms X’s complaint because it is reasonable for her to take the issue of liability to court and there is no fault with the Council’s decision not to remove the tree.

Back to top

Investigator's decision on behalf of the Ombudsman