London Borough of Wandsworth (25 020 222)
Category : Environment and regulation > Trees
Decision : Closed after initial enquiries
Decision date : 14 Apr 2026
The Ombudsman's final decision:
Summary: We will not investigate Mr X’s complaint about damage caused to his vehicle by a Council owned tree. This is because the it is reasonable for him to take the matter to court.
The complaint
- Mr X complained about damage caused to his car by a Council owned tree.
- Mr X said the matter caused him frustration and financial loss.
The Ombudsman’s role and powers
- 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 the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X submitted a claim to the Council’s insurers due to damage caused to his vehicle by a Council owned tree. The insurers rejected the claim.
- We will not investigate this complaint. The role of the Ombudsman is to consider complaints of administrative fault. We cannot decide liability in complaints about damage to property. Only the courts can do this. As Mr X’s claim to the Council’s insurers was rejected it is open to him to now take the matter to court. It is reasonable to expect him to do so as this is the only way he can achieve the outcome he seeks.
Final decision
- We will not investigate Mr X’s complaint because it is reasonable for him to take the matters complained about to court
Investigator's decision on behalf of the Ombudsman