Summary: We will not investigate Miss X’s complaint that her property has been damaged by a Council tree and is preventing her house sale. This is because it does not meet the tests set in our Assessment Code. It is reasonable for Miss X to take the Council to court.

The complaint

1. Miss X complains about the Council’s failure to remove its tree near her property. She says it has caused subsidence and is affecting her house sale.

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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 Miss X. I also I considered the Ombudsman’s Assessment Code.

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My assessment

5. The Ombudsman views complaints about property damage as best decided by an organisation’s insurers, and then the courts. This is because such complaints are ultimately about whether an organisation has been negligent. Only the courts can decide whether an organisation has been negligent. Also, unlike us, the courts can order a party to pay damages. It is reasonable for Miss X to go to court to protect her property interests. So, we will not investigate this complaint.

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Final decision

6. I will not investigate Miss X’s complaint because it is reasonable for her to go to court.

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Investigator's decision on behalf of the Ombudsman