Havant Borough Council (26 000 447)
Category : Environment and regulation > Trees
Decision : Closed after initial enquiries
Decision date : 21 Apr 2026
The Ombudsman's final decision:
Summary: We will not investigate Mr B’s complaint that part of his property was damaged by a Council-owned tree. This is because it is reasonable for Mr B to pursue his compensation claim at court.
The complaint
- Mr B complains part of his property was damaged by a fallen branch from a Council-owned tree. Mr B complains the Council’s insurer has wrongly refused his claim for compensation. Mr B would like the Council to pay his repair costs of £3500 and to pay compensation for his time and effort pursuing this matter.
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 Mr B.
- I considered the Ombudsman’s Assessment Code.
My assessment
- We do not normally investigate complaints about damage to property. 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.
- Mr B has received the Council’s decision on his compensation claim. Mr B may now pursue his claim by taking the Council to court.
- Only a court can decide if the Council was negligent, and if so, enforce an award of damages. We cannot recommend actions or payments that ‘punish’ an organisation. So, I would usually expect someone in Mr B’s position to seek a remedy in the courts.
- I find it is reasonable for Mr B to do this particularly because the sum he seeks is significant. Mr B may also seek legal advice about taking the Council to court if needed.
Final decision
- We will not investigate Mr B’s complaint because it is reasonable for him to take the Council to court.
Investigator's decision on behalf of the Ombudsman