Summary: We will not investigate Mrs X’s complaint about her entitlement to compensation resulting from damage to her vehicle caused by a falling tree. This is because it would be reasonable for Mrs X to make a claim to the Council and, if it refuses her claim, to take the matter to court.

The complaint

1. The complainant, Mrs X, complains the Council did not contact her to report damage to her vehicle when part of a tree fell on it. She also complains the Council has not offered her compensation for her frustration and inconvenience.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
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 information provided by Mrs X and the Ombudsman’s Assessment Code.

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My assessment

6. The Council has explained that when officers attended the fallen tree their primary concern was to make it safe. They did not know who owned the vehicle which had been damaged but responded promptly when Mrs X complained about it. The Council’s response accepted liability for the damage to Mrs X’s vehicle and told her to pass a copy of the response to her insurers to make a claim.
7. Mrs X says she is unhappy the Council has not offered her compensation but it is for her to make a claim for any compensation she believes she is due. If the Council accepts her claim it will make payment to her. If not, and if Mrs X disagrees with its decision, it would be reasonable for her to make a claim against it at court.
8. The courts are better placed to determine the level of damages Mrs X may be entitled to and its decisions are binding. It is therefore better placed to decide her claim.

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Final decision

9. We will not investigate this complaint. This is because it concerns the level of damages Mrs X is entitled to and this is an issue it would be reasonable for Mrs X to raise at court.

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Investigator's decision on behalf of the Ombudsman