London Borough of Camden (25 025 340)
Category : Environment and regulation > Trees
Decision : Closed after initial enquiries
Decision date : 01 Jul 2026
The Ombudsman's final decision:
Summary: We cannot investigate Mr X’s complaint about a tree outside his home, which he says has encroached onto his property and caused damage. It is reasonable for Mr X to pursue any claim for costs through the courts.
The complaint
- Mr X, represented by Mr Y, complained the Council did not act to stop a tree from encroaching onto his land which has caused damage to his property.
- Mr X said this caused distress and frustration.
- Mr X wants the Council to either remove the tree or prevent its roots from encroaching onto his land, and instruct a structural engineer to prevent further encroachment and damage.
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 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)
How I considered this complaint
- I considered information provided by Mr Y.
- I considered the Ombudsman’s Assessment Code.
My assessment
- As part of its complaint response to Mr Y, the Council said it did not believe the tree had caused significant structural damage to Mr Z’s home and so it would not remove the tree. The Council did not uphold Mr Y’s complaint because it had adhered to its tree policy.
- The Council recommended that Mr Z instruct an engineer to design a repair to prevent encroachment and any further damage to his property. The Council also suggested Mr Z submit a claim form to it for any costs he may incur.
- We cannot investigate this complaint. The Ombudsman cannot determine liability for damage, or for a repair to the tree. The courts are better placed to consider these matters and can also provide a suitable remedy.
- Mr Y also complained about the Council’s complaint handling, with an officer implicated in the complaint responding to the stage one complaint.
- We will not investigate this part of Mr Y’s complaint. It is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue.
Final decision
- We cannot investigate Mr Z’s complaint because it is reasonable for him to take the matter to court.
Investigator's decision on behalf of the Ombudsman