Southend-on-Sea City Council (25 027 220)
Category : Environment and regulation > Trees
Decision : Closed after initial enquiries
Decision date : 02 Jul 2026
The Ombudsman's final decision:
Summary: We will not investigate Ms X’s complaint about the Council’s decision not to carry out work on a tree to prevent it causing damage to her property. It is reasonable for Ms X to challenge the Council’s decision in court.
The complaint
- Ms X said a tree had previously encroached onto her property and caused damage.
- Although this was resolved, Ms X complained about the Council’s decision not to take any immediate action to prevent reoccurrence in the future.
- Ms X said this caused distress.
- Ms X wants the Council to take preventive action to prevent future damage to her property.
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 Ms X.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Ms X’s property was previously damaged by a tree encroaching onto it. Ms X carried out the necessary repairs and was reimbursed by the Council.
- Ms X complained to the Council about what steps it would take to prevent future damage to her property by the tree. The Council said it would not take any immediate action but said it may prune it in the future.
- We consider our powers on what we could achieve as part of our consideration of whether an alternative remedy exists and whether it is reasonable for a person to use it.
- We cannot instruct the Council to remove the tree or instruct it to carry out the preventive work Ms X wants it to. Only the courts can.
- We therefore will not investigate this complaint. The courts are better placed to consider these matters and provide a suitable remedy.
Final decision
- We will not investigate Ms X’s complaint because it is reasonable for her to take the matter to court.
Investigator's decision on behalf of the Ombudsman