Summary: We will not investigate Mrs C’s complaint about two Council trees next to her home. This is because it is reasonable for Mrs C to take the Council to court if needed about the damage to her property. An investigation solely into nuisance caused by leaf fall is not justified.

The complaint

1. Mrs C complains about two Council-owned trees on the grass verge outside her home. Mrs C says the roots of these trees are damaging her property. Mrs C also says the Council has allowed leaves to accumulate on the grass verge. Mrs C, who is elderly and disabled, says the Council has wrongly expected her to put leaves in her garden waste bin.

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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)
4. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

5. I considered information provided by Mrs C and the Council. I have shared a draft version of this statement with Mrs C and have considered her comments in response.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. We will not investigate Mrs C’s complaint about these trees damaging her property.
8. Complaints about property damage are best decided by an organisation’s insurers, and if needed, the courts. This is because such complaints are about whether an organisation has been negligent. Only the courts can decide a negligence claim and order a party to pay damages. I find it is reasonable for Mrs C to pursue this matter with the Council’s insurers, and if needed, take the Council to court.
9. Mrs C also complains about nuisance caused by accumulated leaves on the grass verge outside her home.
10. The Council says there has not been any change to its approach to maintaining this grass verge. The Council says clearing leaves in this location is not something the Council will do as part of standard street cleaning processes, but pathways and highway channels are generally cleared during autumn. The Council added it cleared the accumulated leaves in this location in March 2025. Mrs C says this did not happen.
11. An investigation into this issue is not justified. Local authorities have limited resources and it is highly unlikely an investigation would result in us criticising the Council for its approach to maintaining this grass verge.
12. Even if the Council has not recently cleared these leaves as claimed, it is likely these leaves will naturally decompose over time. I find only the leaves immediately in front of the entrance to Mrs C’s property could potentially cause her a nuisance. It was not unreasonable for the Council to suggest that Mrs C could put some leaves in her garden waste bin. Mrs C may ask a friend, relative or neighbour to help with this.
13. So, I find the alleged fault has not caused Mrs C a significant or serious injustice which would justify an investigation by the Ombudsman.

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Final decision

14. We will not investigate this complaint. This is because it is reasonable for Mrs C to take the Council to court. Also, an investigation solely into nuisance caused by accumulated leaves is not justified.

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Investigator's decision on behalf of the Ombudsman