Summary: We will not investigate this complaint about the Council’s refusal to maintain or cut back trees which are damaging Mrs X’s property. Mrs X can make can insurance claim. If an insurance claim is refused, the courts can decide whether the Council is liable for the damage and whether it should pay compensation.

The complaint

1. Mrs X complains the Council refuses to maintain or remove large trees on its property. She says the trees have damaged her property, overshadow her garden and are dangerous. Mrs X wants the trees removed.

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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 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 the 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 complained to the Council that trees on its property were too big, were damaging her property and were potentially dangerous. She asked the Council to remove them.
7. The Council confirms a tree officer inspected the trees. They did not agree the trees should be removed but recommended they be cut back. However, the Council has since advised there is an issue with the soil and the work to cut back the trees will not take place. It also confirmed there is no health and safety issue with the trees themselves.
8. Mrs X says the trees have damaged her property and wants them removed.
9. The Ombudsman cannot decide whether the Council is responsible for damage to Mrs X’s home. Where someone complains about damage to property, we will normally suggest they make a claim on the Council’s insurance. If the claim is refused, they can make a claim in court. The court can decide whether the Council is liable for the cost of remedial works to Mrs X’s property or any compensation.

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Final decision

10. We will not investigate Mrs X’s complaint because the Council has inspected the trees and explained why it cannot cut them back at this time. It has advised Mrs X to make an insurance claim. If that fails, the court is best placed to consider her report of damage to property.

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Investigator's decision on behalf of the Ombudsman