Summary: We will not investigate this complaint about damage by a Council owned tree to the complainant’s property. It is reasonable to expect the complainant to go to court.

The complaint

1. Mr X complains of damage to his garden caused by the roots of a Council owned tree. Mr X says he would like the Council to take remedial action urgently.

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The Ombudsman’s role and powers

2. 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 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 the information provided by Mr X. I considered the Ombudsman’s Assessment Code.

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My assessment

5. We will not investigate Mr X’s complaint. Our role is to consider complaints of administrative fault. We cannot decide liability in complaints about damage to property, or the extent of remedial works required. Only the courts can do this.
6. It is therefore reasonable to expect Mr X to take the matter to court (if any insurance claim is unsuccessful). Only a token payment is required for court, and the small claim process is designed to be easy to use without the aid of a solicitor.

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Final decision

7. 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