Summary: We will not investigate Mrs B’s complaint that the Council is refusing to remove two trees close to her home. This is because it is reasonable for Mrs B to pursue this matter at court.

The complaint

1. Mrs B complains the Council is refusing to remove two trees close to her home. Mrs B says the trees are damaging her boundary wall and are a hazard to users of the adjoining path. Mrs B says the Council has wrongly told her the trees are within the boundary of her property. Mrs B would like the Council to remove both trees as soon as possible.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. The Act 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 Mrs B.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. There is a disagreement between Mrs B and the Council about who is responsible for these trees. Mrs B says the trees are on Council land. The Council says the trees are within the boundary of Mrs B’s property.
7. The role of the Ombudsman is to decide complaints of administrative fault. We take the view that complaints about property damage, including disputes about land ownership, are best decided by the courts. These are legal matters which the courts are in the best position to decide.
8. Mrs B may put in a claim to the Council’s insurers for the damage to her wall.
9. If the Council’s insurers refuse Mrs B’s claim she may pursue this matter by taking the Council to court.
10. The court is in the best position to decide this matter including the dispute about who is responsible for these trees. I find it is reasonable for Mrs B to take the Council to court if needed.
11. So, we will not investigate this complaint.

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Final decision

12. We will not investigate Mrs B’s complaint because it is reasonable for her to take the Council to court.

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Investigator's decision on behalf of the Ombudsman