Summary: We will not investigate this complaint about trees which the complainant says have damaged her property. This is because it is a matter for insurers and because part of the complaint is late.

The complaint

1. The complainant, Mrs X, says the Council did not act in 2021 when she reported some trees. She says the trees have damaged her home and she wants compensation.

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The Ombudsman’s role and powers

2. 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 another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)

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How I considered this complaint

4. I considered information provided by Mrs X and the Council. This includes the complaint correspondence. I also considered our Assessment Code.

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My assessment

5. Mrs X contacted the Council about trees near her home in 2021. Mrs X involved her insurers and the Council did some work, as a precaution, in 2022.
6. Mrs X contacted the Council again in late 2024. Mrs X says the trees have damaged her home and the situation has been developing over the last four years.
7. The Council told Mrs X it does tree work when needed and was next due to inspect the trees in spring 2025. The Council invited Mrs X to make a claim on its insurance. The Council told me Mrs X has not made a claim.
8. I will not investigate events since 2021 because it is a late complaint. If Mrs X was dissatisfied with the Council’s actions in 2021/22 then she could have complained to us then. But, she did not contact the Council again until November 2024 and did not complain to us until May 2025. I have not seen any good reason to investigate events before 2024.
9. I will not investigate events since 2024 because complaints about allegations of damage are matters for insurers or the courts. The Council invited Mrs X to make a claim on its insurance. It is reasonable to expect her to make a claim because insurers and the courts have the knowledge and expertise to judge the extent of any damage, the cause, and whether compensation is due. This is not something we can do. Insurers can decide if the Council is responsible for any damage and whether any payments are due.

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Final decision

10. We will not start an investigation because part of the complaint is late and because it is a matter for insurers or the courts.

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Investigator's decision on behalf of the Ombudsman