Summary: We will not investigate Mr X’s complaint about damage caused to his property by a Council owned tree because it is reasonable to expect him to take the matter to court. We will not investigate the Council’s complaints handling because the tests in our Assessment Code are not met.

The complaint

1. Mr X complained a Council owned tree caused damage to his property. Mr X also complained about the Council’s complaints handling.
2. Mr X said the matter caused him frustration and time and trouble.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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)
5. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

6. I considered information provided by the complainant.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

Damage caused by a tree

8. 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 submitted a claim to the Council’s insurers, but the claim was rejected. Mr X can now take the matter to court. It is reasonable to expect him to do so as this is the only way to achieve the outcome he seeks.

Complaints handling

9. It is not a good use of public resources to investigate complaints about complaint procedures if we decide not to investigate the substantive issue. Consequently, we will not investigate this complaint because the tests in our Assessment Code are not met.

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Final decision

10. We will not investigate most of Mr X’s complaint because it is reasonable for him to take the matter to court. We will not investigate the remainder because the tests in our Assessment Code are not met.

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Investigator's decision on behalf of the Ombudsman