Summary: We will not investigate Miss X’s complaint about a Council tree outside her home, which she says has damaged her property. This is because it is reasonable for Miss X to pursue any claim for compensation through the court.

The complaint

1. Miss X complains a Council-owned tree outside her home has damaged her property. She says the Council has not removed the tree despite her requests.

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

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My assessment

6. Miss X complains the damage to her property was caused by a Council-owned tree. She says the Council agreed to prune the tree.
7. We will not investigate Miss X’s complaint about a tree causing damage to her 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.
8. Miss X is also unhappy with the Council’s communication. As we are not investigating the substantive issue, it is not a good use of public resources to consider how the Council communicated with Miss X. We will not investigate this matter.

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Final decision

9. We will not investigate Miss X’s complaint because it is reasonable for her to take the matter to court.

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Investigator's decision on behalf of the Ombudsman