North Somerset Council (25 028 750)
Category : Environment and regulation > Trees
Decision : Closed after initial enquiries
Decision date : 26 Jul 2026
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s response to the complainant’s concerns about failure to maintain a tree and damage to his property. This is because the complainant may take the matter to court and it would be reasonable to do so.
The complaint
- The complainant, Mr X, complains that a tree owned by the Council has caused damage to his property, and the Council has failed to respond to his concerns.
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 the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X’s complaint concerns damage to the driveway of his property, which he says has been caused by the roots of a tree owned by the Council. He attributes the damage to what he regards as the Council’s failure to properly maintain the tree. Mr X has reported the matter to the Council and requested that it acts to remove the tree. He says it has not responded to his claim or his subsequent complaint.
- The Ombudsman will not investigate Mr X’s complaint. The matter turns on whether the tree has caused the damage Mr X says it has. We cannot express a view on this. The matter is effectively a claim that the Council has been negligent in failing to maintain the tree and that this negligence makes it liable for the damage. Only a court can decide this. If Mr X wishes to establish that the tree caused the damage it would be reasonable for him to take the matter to court. There is no role for the Ombudsman.
- Where a substantive matter does not fall to be investigated. The Ombudsman will not normally consider how the Council has responded to it. It is not a good use of our resources to do so. That is the case here.
Final decision
- We will not investigate Mr X’s complaint because it would be reasonable for him to pursue the matter in court.
Investigator's decision on behalf of the Ombudsman