West Sussex County Council (25 031 582)
Category : Environment and regulation > Trees
Decision : Closed after initial enquiries
Decision date : 14 Apr 2026
The Ombudsman's final decision:
Summary: We will not investigate Mrs B’s complaint that her property is being damaged by a Council-owned tree. This is because it is reasonable for Mrs B to pursue this matter at court if needed.
The complaint
- Mrs B complains the Council has not removed a tree which is damaging her property. Mrs B says her home insurance has doubled because of this matter. Mrs B would like the Council to remove this tree and repair the damage to her property. Mrs B would also like the Council to pay her compensation.
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 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)
How I considered this complaint
- I considered information provided by Mrs B.
- I considered the Ombudsman’s Assessment Code.
My assessment
- We do not normally investigate complaints about property damage. This is because in effect such complaints are that an organisation has been negligent. Our role is to consider complaints of administrative fault. Negligence claims are best decided by an organisation’s insurers, and if needed, the courts. Only the courts can decide if an organisation was negligent, and if so, make an order for damages. We cannot recommend actions or payments that ‘punish’ an organisation.
- Mrs B may continue to pursue this matter via her building insurer. If needed, Mrs B or her insurer may take the Council to court. Because of the seriousness of the issue complained about, I find it is reasonable for Mrs B to do this.
- So, we will not investigate this complaint.
Final decision
- We will not investigate Mrs B’s complaint because it is reasonable for her to take the Council to court.
Investigator's decision on behalf of the Ombudsman