Peterborough City Council (25 012 109)
Category : Environment and regulation > Trees
Decision : Closed after initial enquiries
Decision date : 16 Sep 2025
The Ombudsman's final decision:
Summary: We will not investigate Mrs B’s complaint that Council-owned trees damaged her property. This is because it is reasonable for Mrs B to take the Council to court.
The complaint
- Mrs B complains parts of her property were damaged by large trees which fell from the adjoining land which is owned by the Council. Mrs B says the Council has wrongly not settled her claim in full for the costs she has incurred, which are almost £2,000. Mrs B also says the Council took too long to remove these trees and she had to pay for fencing to secure her property. Mrs B would like the Council to settle her claim in full and pay her compensation for the distress she has suffered dealing with this matter.
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 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)
How I considered this complaint
- I considered information provided by Mrs B.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Our role is to consider complaints of administrative fault. We do not normally investigate complaints about damage to property. This is because such complaints are ultimately about whether an organisation has been negligent. Negligence claims are best decided by an organisation’s insurers, and if needed, the courts.
- The Council’s insurers have considered Mrs B’s claim for the damage to her property but has not agreed to pay the full amount Mrs B has claimed. Mrs B may now pursue her claim by taking the Council to court.
- I find it is reasonable for Mrs B to do this. Only the courts can decide the extent of any negligence by the Council and make an order for damages.
- So, we will not investigate this complaint.
Final decision
- We will not investigate Mrs B’s complaint because it is reasonable for her to take the Council to court.
Investigator's decision on behalf of the Ombudsman