Summary: We will not investigate Mr X’s complaint about a Council tree outside his home, which he says has damaged his property. This is because it is reasonable for Mr X to pursue any claim for compensation through the court.

The complaint

1. Mr X complains a Council-owned tree outside his home has damaged his property. He says the Council has not acted on his insurer’s request to remove the tree.

Back to top

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 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)

Back to top

How I considered this complaint

4. I considered information provided by Mr X and the Council.
5. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

6. Mr X complains the damage to his property was caused by a Council-owned tree. He says the Council had agreed to pollard the tree every two years but did not.
7. We will not investigate Mr X’s complaint about a tree causing damage to his property. It is reasonable for him to pursue any claim through the court. The courts are better placed to decide whether the Council has been negligent and is liable for damage. They can also provide a suitable remedy.

Back to top

Final decision

8. We will not investigate Mr X’s complaint because it is reasonable for him to take the matter to court.

Back to top

Investigator's decision on behalf of the Ombudsman