Manchester City Council (24 012 705)
Category : Environment and regulation > Trees
Decision : Closed after initial enquiries
Decision date : 16 Dec 2024
The Ombudsman's final decision:
Summary: We will not investigate this complaint about trees damaging the complainant’s property. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. It is reasonable for the complainant to put claim on the Council’s insurance, and if the claim is refused, take the Council to court.
The complaint
- Mrs X complains the Council has failed to maintain its trees. She says the trees have damaged her fence, shed and flagstones. She also says her granddaughter has had several falls because the tree roots have caused the flagstones to lift.
- The Council has agreed to cut back the overhanging trees, cut the roots and apply herbicide to prevent regrowth. However it has advised Mrs X to make an insurance claim if she believes it is responsible for damaging her property.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- 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)
How I considered this complaint
- I considered information provided by Mrs X and the Council.
- I considered the Ombudsman’s Assessment Code.
My Assessment
- We take the view negligence claims are best decided by an organisation’s insurers, and if needed, the courts.
- Mrs X may put in claim to the Council’s insurers for repairing or replacing her fence, shed and flagstones. If the Council’s insurers do not provide an outcome she is satisfied with, she may pursue his claim by making a claim in court.
- Only a court can decide if the Council has been negligent and is liable for the damages to Mrs X’s property.
Final decision
- We will not investigate this complaint which is essentially a complaint of damage to property because of negligence by the Council. I find it is reasonable for Mrs X to take the Council to court if needed. The fee for making a claim is relatively modest and she may ask for the fee to be reimbursed if her claim is successful.
Investigator's decision on behalf of the Ombudsman