Summary: We will not investigate Miss X’s complaint about damage to her property caused by a Council owned tree. This is because it is reasonable for Miss X to take the matter to court.

The complaint

1. Miss X complained about damage caused to her property by a Council owned tree.
2. Miss X says the matter has caused her distress.

Back to top

The Ombudsman’s role and powers

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).

Back to top

How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

6. Miss X complained a Council owned tree damaged her property. She submitted a claim against the Council’s insurers. Miss X is dissatisfied with the time it has taken for the insurers to process the claim, and the amount of compensation offered.
7. 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 or award a payment of compensation. Only the courts can do this.
8. Because Miss X is dissatisfied with the compensation offered and is unhappy with the speed at which the process has followed, she could take the matter to court. It is reasonable to expect Miss X to do so because this is the only means by which she can achieve the outcome she wants.

Back to top

Final decision

9. We will not investigate Miss X’s complaint because it is reasonable for her to take the matters complained about to court.

Back to top

Investigator's decision on behalf of the Ombudsman