Summary: We will not investigate Ms X’s complaint about damage to her property caused by a falling tree. This is because it would be reasonable for Ms X to make a claim to the Council and, if it refuses her claim, to take the matter to court.

The complaint

1. In short, Ms X complains of her property being damaged due to a tree belonging to the Council. Ms X says she would like the Council to cut its trees back as some branches are in danger of falling on to the pavement. She wants to be reimbursed for the cost of the remedial repairs.

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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)
4. The law says we cannot normally investigate a complaint unless we are satisfied the organisation knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the organisation of the complaint and give it an opportunity to investigate and reply. (Local Government Act 1974, section 26(5), section 34(B)6)

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How I considered this complaint

5. I considered information provided by Ms X and the Ombudsman’s Assessment Code.

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My assessment

6. The Council says it sent Ms X an insurance form to enable her to make an insurance claim to determine any liability by the Council. It says this has not been returned.
7. The Council also says it has not received any complaints or requests from Ms X asking for the trees to be cut back.
8. I note Ms X says she would like the Council to reimburse her £1000 for the cost of her remedial repairs. But it is for her to make a claim for any compensation she believes she is due. If the Council accepts her claim it will make payment to her. If not, and if Ms X disagrees with its decision, it would be reasonable for her to make a claim against it at court.
9. The courts are better placed to determine the level of damages Ms X may be entitled to and its decisions are binding. It is therefore better placed to decide her claim.
10. With respect to Ms X’s concerns about the trees needing pruning, Ms X can raise this directly to the Council first as a complaint. It is too early for us to look at this aspect of the complaint as it is premature. Alternatively, Ms X can make a direct report to the Council as a service request.

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Final decision

11. We will not investigate this complaint. This is because it concerns the level of damages Ms X is entitled to and this is an issue it would be reasonable for Mrs X to raise at court.

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Investigator's decision on behalf of the Ombudsman