Summary: We will not investigate this complaint about the Council’s rejection of Miss B’s compensation claim after her car was damaged by a tree. This is because it is reasonable for Miss B to pursue her claim at court.

The complaint

1. Miss B complains her car was damaged by a fallen Council-owned tree. Miss B complains the Council has rejected her claim for compensation and has not clearly shown how it reached this decision. Miss B says the Council: did not properly assess the level of risk in this location; has not provided any inspection records, notes or photographs; and, has relied on general guidance and policy. Miss B also complains the Council delayed responding to her complaint and there was a lack of clarity about the process.
2. Miss B says she had to pay repair costs of £1,800 and the Council’s handling of the matter has caused stress and frustration.
3. Miss B would like the Council to provide a clear explanation of how it reached its decision and for the Council to reconsider its decision on her claim.

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The Ombudsman’s role and powers

4. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
5. 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)

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How I considered this complaint

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

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My assessment

8. We do not normally investigate complaints about damage to property. This is because in effect such complaints are that an organisation has been negligent.
9. Our role is to consider complaints of administrative fault. Negligence claims are best decided by an organisation’s insurers, and if needed, the courts.
10. Miss B has received the Council’s decision on her compensation claim. In response to Miss B’s complaint the Council has explained how it reached its decision. Miss B’s remaining concerns about how the Council reached its decision are in effect a challenge to the strength of the Council’s decision on her claim. We could not investigate these issues on their own and without forming a view on the strength of the Council’s defence, which is for the courts to decide.
11. 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.
12. Miss B may now pursue her claim by taking the Council to court. I find it is reasonable for Miss B to do this and such action is proportionate to the sum Miss B is seeking. Miss B may also seek legal advice about taking the Council to court if needed.
13. Because we are not investigating the substantive matter complained about, an investigation solely into the Council’s handling of Miss B’s complaint would not be a good use of our limited resources or achieve a meaningful outcome for Miss B.

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Final decision

14. We will not investigate Miss B’s complaint because it is reasonable for her to take the Council to court.

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Investigator's decision on behalf of the Ombudsman