Summary: We will not investigate Mr X’s complaint about damage to his property caused by a Council owned tree and a delay in paying compensation. This is because it is reasonable for Mr X to take the matter to court.

The complaint

1. Mr X complained about damage caused to his property by a Council owned tree. Mr X said he submitted a claim against damage caused by the tree to the Council, but neither the Council nor the Council’s insurers have resolved the matter.
2. Mr X said the matter caused him distress and frustration.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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

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

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My assessment

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 compensation. Only the courts can do this.
8. Mr X submitted a claim to the Council’s insurers but is dissatisfied with the delay. It is now open to Mr X to take the matter to court, and it is reasonable to expect him to do so because that is the only way he can obtain the outcome he seeks.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman