Summary: We will not investigate Mrs X’s complaint about a Council tree outside her home, which she says has damaged her property. This is because it is reasonable for Mrs X to pursue any claim for compensation through the court.

The complaint

1. Mrs X complains the roots of a Council-owned tree outside her home have damaged her property. She says the Council has refused to act on her insurer’s recommendation to remove the tree.

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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)

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How I considered this complaint

4. I considered information provided by Mrs X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mrs X complains the damage to her property was caused by the roots of a Council-owned tree and the Council refused to maintain it. The Council does not consider that there is an issue.
7. We will not investigate Mrs X’s complaint about a tree causing damage to her property. It is reasonable for her to pursue any claim through the court. The courts are better placed to decide whether the Council has been negligent and is liable for damage. They can also provide a suitable remedy.

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Final decision

8. We will not investigate Mrs X’s complaint because it is reasonable for her to take the matter to court.

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Investigator's decision on behalf of the Ombudsman