Summary: We will not investigate Mr X’s complaint about trees near his property, which he says have caused damage. This is because Mr X has exercised his appeal right to the Planning Inspectorate and it is reasonable for Mr X to pursue any claim for compensation through the court.

The complaint

1. Mr X complains about the Council’s refusal of his application to remove protected trees near his property. He says the tree roots have damaged his home, and the Council is responsible for the damage.

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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. We cannot investigate a complaint if someone has appealed to a government minister. The Planning Inspector acts on behalf of a government minister. (Local Government Act 1974, section 26(6)(b), as amended)
4. 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

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

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My assessment

7. Mr X applied to the Council for permission to remove protected trees near his property. The Council refused the application.
8. Mr X has appealed to the Planning Inspector. The Planning Inspector decides independently of the Council whether to allow tree works. The Planning Inspectorate has the expertise to decide such matters and the power to make a binding decision, including overturning the Council’s decision if it sees fit. We will not investigate this issue because Mr X has used his right of appeal.
9. Mr X says the trees have caused damage to his property. We will not investigate this issue. It is reasonable for Mr X 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. The Court can also provide a suitable remedy.
10. Mr X is also unhappy with the way the Council dealt with his complaint. We will not investigate this part of his complaint. 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.

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Final decision

11. We will not investigate Mr X’s complaint because Mr X has exercised his appeal right to the Planning Inspectorate and it is reasonable for Mr X to pursue any claim for compensation through the court.

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Investigator's decision on behalf of the Ombudsman