Walsall Metropolitan Borough Council (25 024 801)
Category : Environment and regulation > Trees
Decision : Closed after initial enquiries
Decision date : 15 Jun 2026
The Ombudsman's final decision:
Summary: We will not investigate Mr X’s complaint about a Council tree outside his home, which he says has damaged his property. This is because it is reasonable for Mr X to pursue any claim for compensation through the court.
The complaint
- Mr X complains the roots of a Council-owned tree outside his home have damaged his garden wall and paving.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- 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)
How I considered this complaint
- I considered information provided by Mr and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X complains the damage to his garden wall and paving was caused by the roots of a Council-owned tree. The Council has repaired the pavement.
- We will not investigate Mr X’s complaint about a tree causing damage to his garden wall and paving. 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.
Final decision
- We will not investigate Mr X’s complaint because it is reasonable for him to take the matter to court.
Investigator's decision on behalf of the Ombudsman