Summary: We will not investigate this complaint about damage caused to the complainant’s property by a Council owned tree. This is because it does not meet the tests in our Assessment Code on which complaints we investigate. As the courts are best placed to determine any Council liability it is reasonable to expect the complainant to go to court to achieve the outcome he wants.

The complaint

1. Mr X says the Council has failed to respond to his concerns about a tree causing damage to his driveway. He would like the Council to remove or cut back the tree.

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The Ombudsman’s role and powers

2. 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 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

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

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My assessment

5. We will not investigate as it is reasonable to expect Mr X to take his complaint to court. The court can determine liability for Mr X’s property damage. There is a simple procedure in the county court for dealing with small claims. We cannot legally determine liability nor compel the Council to remove or cut the tree.

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Final decision

6. We will not investigate Mr X’s complaint because it is reasonable to expect him to go to court.

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Investigator's decision on behalf of the Ombudsman