Derbyshire County Council (26 004 096)
Category : Environment and regulation > Trees
Decision : Closed after initial enquiries
Decision date : 01 Aug 2026
The Ombudsman's final decision:
Summary: We will not investigate this complaint that the Council has been at fault in respect of a highway tree which the complainant says caused damage to her property. The complainant could take the matter to court and it would be reasonable for her to do so.
The complaint
- The complainant, Ms X, complains that the Council failed to take appropriate action to fell an unstable tree and has failed to address the subsequent damage the tree caused to her property.
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 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)
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Ms X’s complaint concerns the Council’s actions in relation to a highway tree which stood near her property. She says the tree was identified as requiring felling in 2021. The tree was protected, so permission for felling was sought and obtained. However, the tree was not felled and was subsequently brought down by high winds, causing damage to Ms X’s property.
- Ms X complains that the Council’s response to the matter has been subject to delay and has failed to resolve it. Correspondence she has provided shows that she has made an insurance claim, and the Council has denied liability.
- The Ombudsman will not investigate Ms X’s complaint. This is because it turns on a matter which Ms X can take to court and it would be reasonable for her to do so. The matter amounts to an allegation that the Council has been negligent and that this negligence has caused Ms X the loss she claims. The Ombudsman cannot take a view on these matters. Only a court can determine them. We will not intervene.
Final decision
- We will not investigate Ms X’s complaint because it would be reasonable for her to take the matter to court.
Investigator's decision on behalf of the Ombudsman