Summary: We will not investigate Mr X’s complaint that a Council owned tree damaged his property. This is because it is reasonable for Mr X to take the matter to court.

The complaint

1. Mr X complained about damage caused to his property by a Council owned tree.
2. Mr X said the matter caused him distress and frustration.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. We will not investigate this complaint. Mr X’s complaint is that his property was damaged by a Council owned tree.
8. The role of the Ombudsman is to consider complaints of administrative fault. We cannot decide liability in complaints about damage to property, only the courts can do this. Mr X submitted a claim to the Council’s insurers, but the claim was rejected. It is now open to Mr X to take the matter to court. Because the Ombudsman cannot determine liability or make an award of damages, it is reasonable to expect him to do so, and so we will not investigate.

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Final decision

9. We will not investigate Mr X’s complaint because it is reasonable for him to take the matter to court.

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Investigator's decision on behalf of the Ombudsman