Summary: We will not investigate this complaint about the Council causing damage to his property and risk to his family when felling overhanging trees on its land. It is reasonable for Mr X to seek a remedy in the courts for any negligence which he says he has suffered from.

The complaint

1. Mr X says the council trespassed on his property and caused damage and risk to his family when it cut branches on its trees which were overhanging his home. He wants the Council to pay him £29,000 in damages and to apologise for endangering his family.

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The Ombudsman’s role and powers

2. 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

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X says his home was put at risk when the Council carried out work to trees on its land which were overhanging. The Council says that the risk was reported to it and it carried out the necessary work within normal safety guidance. Mr X complained about sawdust and oil spills from chainsaws and equipment. The Council denies any danger from this on his property. Mr X submitted an insurance claim which the Council’s insurers rejected.
6. We cannot determine liability claims for negligence. These are legal claims which may only be determined by insurers or the courts. It is normal procedure for persons suffering damages or personal injury caused by a council or its contractors to submit an insurance claim against the Council. Mr X has done this and as liability was rejected he has a remedy by way of the courts.
7. Negligence claims and interpreting the law around legal torts are generally best decided by a court. Only a court can decide whether the problem should have been dealt with by the council before it caused harm or if the council is liable to pay “damages” for the loss or injury someone has suffered.

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Final decision

8. We will not investigate this complaint about the Council causing damage to his property and risk to his family when felling overhanging trees on its land. It is reasonable for Mr X to seek a remedy in the courts for any negligence which he says he has suffered from.

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Investigator's decision on behalf of the Ombudsman