Summary: We will not investigate Mrs D’s complaint that the Council has refused to pay her compensation after her fence was damaged by a fallen tree. This is because it is reasonable for Mrs D to take the Council to court.

The complaint

1. Mrs D complains her property was damaged by a fallen tree which the Council had been told about but had failed to identify as a risk. Mrs D says the Council has wrongly refused to pay for the damage to her fence, which will cost over £2,000 to replace.

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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 D.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The role of the Ombudsman is to consider complaints of administrative fault. We take the view complaints about property damage are best decided by an organisation’s insurers, and if needed, the courts. This is because such complaints are ultimately that an organisation has been negligent. Only a court can decide a negligence claim, and unlike us, can order a party to pay damages.
7. If Mrs D has not done so already, she may put in a claim to the Council’s insurers for the damage to her fence. If the Council does not accept responsibility for the damage, or does not make an offer Mrs D is satisfied with, she may pursue her claim at court. I find it is reasonable for Mrs D to do this.
8. So, we will not investigate Mrs D’s complaint.

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Final decision

9. We will not investigate Mrs D’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