Summary: We will not investigate Ms B’s complaint that her car was damaged by a fallen tree which the Council had failed to maintain. This is because it is reasonable for Ms B to pursue her compensation claim by taking the Council to court.

The complaint

1. Ms B complains her parked car was damaged by a fallen pavement tree. Ms B considers this incident was the result of the Council’s failure to properly inspect and maintain this tree which it is responsible for. Ms B complains the Council took 14 months to decide her compensation claim and has wrongly not accepted responsibility for the damage to her car.

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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 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

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

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My assessment

6. We do not normally investigate complaints about damage to property. This is because in effect such complaints are that an organisation has been negligent. Our role is to consider complaints of administrative fault. Negligence claims are best decided by an organisation’s insurers, and if needed, the courts.
7. Deciding whether an organisation has been negligent usually involves looking rigorously, and in a structured way at evidence as only the court can to make its findings. Also, unlike the courts, we have no powers to enforce an award of damages.
8. Ms B has received the Council’s decision in response to her compensation claim. Ms B may now pursue her claim by taking the Council to court. I find it is reasonable for Ms B to do this and such action is proportionate to the seriousness of the issue complained about.
9. So, we will not investigate Ms B’s complaint about the damage to her car.
10. Because we are not investigating the substantive matter, an investigation solely into the Council’s handling of Ms B’s compensation claim would not be a good use of our limited resources or provide a meaningful outcome for Ms B.

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Final decision

11. We will not investigate Ms B’s complaint because it is reasonable for Ms B to take the Council to court.

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Investigator's decision on behalf of the Ombudsman