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

The complaint

1. Mr X complains a Council-owned tree outside his home has damaged his property. He wants the Council to remove the tree instead of pruning it 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 complains the damage to his property was caused by a Council-owned tree. He says the Council has pruned the tree, but he wants it removed. He also says the Council’s policy states that if a tree causes damage to a property, it can be removed.
7. We will not investigate Mr X’s complaint about a tree causing damage to his property. It is reasonable for him 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 and whether the tree should be removed. They can also provide a suitable remedy.

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Final decision

8. We will not investigate Mr X’s complaint because it is reasonable for him to take the matter to court.

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Investigator's decision on behalf of the Ombudsman