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

The complaint

1. Dr X complains a Council-owned tree outside his home has damaged his property. He says the Council has not removed the tree despite his requests.

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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 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)

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How I considered this complaint

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

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My assessment

6. Dr X complains the damage to his property was caused by a Council-owned tree. He says the Council planted the tree too close to his home and it was not suitable.
7. We will not investigate Dr 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.
8. Dr X is also unhappy with the way the Council dealt with his complaint. But it is not a good use of public resources to look at the Council’s complaints handling if we are not going to look at the substantive issue complained about. We will not therefore investigate this issue separately

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Final decision

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

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Investigator's decision on behalf of the Ombudsman