Summary: We will not investigate Mr X’s complaint about damage caused to his property by a tree the Council is responsible for. This is because it is reasonable for Mr X to submit a claim to the Council’s insurers and ultimately take the matter to court.

The complaint

1. Mr X complained the Council failed to maintain a tree it is responsible for in its area. Mr X said the Council’s failure to maintain the tree caused damage to his property. Mr X wants the Council to pay compensation to restore his property.

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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 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

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

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My assessment

6. Mr X complained his property was damaged because the Council failed to maintain a tree it is responsible for. Mr X’s complaint is therefore that the Council has been negligent.
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, only the courts can do this. Mr X could submit a claim to the Council’s insurers. If the claim is rejected, Mr X could take the matter to court, and it is reasonable to expect Mr X to do so because it is the only way to achieve the outcome he seeks.

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Final decision

8. 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