Summary: We will not investigate Mr X’s complaint about Council -owned trees near his daughter’s property, which he says have damaged it. This is because it is reasonable for Mrs X to pursue any claim for compensation through the court.

The complaint

1. Mr X complains Council-owned trees near his daughter’s property have damaged it. He wants the Council to pay for the repairs and provide compensation.

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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 Mr X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X claims the damage to his daughter’s property was caused by Council-owned trees. He says council officers accepted fraudulent monitoring data.
7. We will not investigate Mr X’s complaint about a tree causing damage to his daughter’s property. It is reasonable for her 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.

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Final decision

8. We will not investigate Mr X’s complaint about damage to his daughter’s property because it is reasonable for her to take the matter to court.

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Investigator's decision on behalf of the Ombudsman