Summary: We will not investigate Mr X’s complaint about damage to his property caused by a tree. This is because it is reasonable for him to pursue the matter through the courts.

The complaint

1. Mr X complains that the Council has failed to compensate him for damage to his property caused by a tree that it is responsible for.

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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 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)

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How I considered this complaint

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

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My assessment

6. I will not investigate Mr X’s 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. It is therefore reasonable for Mr X to pursue the matter in court.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman