Summary: We will not investigate Mr B’s complaint that a Council-owned tree has damaged his fence. This is because this complaint is late and it is reasonable for Mr B to take the Council to court.

The complaint

1. Mr B complains that a Council-owned tree has damaged his boundary fence and the Council has not helped him get the matter resolved. Mr B says the Council delayed taking action and he has had to correspond with several departments. Mr B would like the Council to pay him compensation for the stress he has suffered and for his repair costs.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
4. 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)

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How I considered this complaint

5. I considered information provided by Mr B.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr B complained to the Council about this matter between 2019 and 2023. In March 2023 the Council told Mr B it would not consider his complaint under the Council’s complaints procedure. In May 2023 Mr B was advised by his local MP’s office to complain to the Ombudsman.
8. Mr B complained to us in May 2026. Mr B has not made this complaint to us within 12 months of becoming aware of the issue he complains about.
9. I find Mr B could have complained to us before now, so the restriction set out at paragraph 3 of this statement applies to this complaint.
10. Also, complaints about damage to property are best decided by an organisation’s insurers, and if needed, the courts. This is because such complaints are about whether an organisation has been negligent. Our role is to consider complaints of administrative fault. Only a court can decide if an organisation has been negligent, and if so, enforce an award of damages. Mr B may pursue his claim against the Council at court and I find it is reasonable for him to do this.
11. So, even if this complaint was not late, we would not start an investigation.

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Final decision

12. We will not investigate this complaint because it is late and it is reasonable for Mr B to take the Council to court.

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Investigator's decision on behalf of the Ombudsman