London Borough of Lewisham (25 011 773)
Category : Environment and regulation > Trees
Decision : Closed after initial enquiries
Decision date : 15 Jan 2026
The Ombudsman's final decision:
Summary: We will not investigate Mr X’s complaint that a Council tree is damaging his property. This is because Mr X can make a claim on the Council’s insurance. If that fails, it is reasonable for Mr X to take his claim to court.
The complaint
- Mr X complains the Council failed to cut back a tree behind his home which is damaging his property.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- 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.
How I considered this complaint
- I considered information provided by Mr X and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- The Council confirmed it has assessed the tree and the condition of Mr X’s retaining wall. It says there could be multiple factors affecting the condition of the wall, including age, lack of drainage, and ground movement. It does not consider the issue is solely because of the tree. However, it agreed to remove the growth around the base of the tree.
- The Council also confirms it has not seen sufficient evidence of risk to justify felling the tree and poisoning the stump.
- I will not investigate because Mr X can make a claim on the Council’s insurance if he believes the tree is damaging his property and poses a safety risk. If a claim fails, the matter of liability is usually decided in the courts. It is reasonable for Mr X to take the matter to court. The court can decide whether the Council is liable for any damage to his home. There is a simple procedure in the county court for dealing with small claims. Usually, solicitors are not required so the only costs will be the court fees.
Final decision
- We will not investigate Mr X’s complaint because he can make a claim on the Council’s insurance. If that fails, it is reasonable to expect him to ask the court to decide if the Council is liable for damage to his property.
Investigator's decision on behalf of the Ombudsman