North Tyneside Metropolitan Borough Council (26 007 980)
Category : Environment and regulation > Trees
Decision : Closed after initial enquiries
Decision date : 01 Jul 2026
The Ombudsman's final decision:
Summary: We will not investigate Ms B’s complaint about the Council’s refusal to pay compensation after a tree fell on her vehicle. This is because it is reasonable for Ms B to pursue her compensation claim at court.
The complaint
- Ms B complains a Council-owned tree fell onto her vehicle because of the Council’s failure to inspect, monitor and maintain this tree in line with the Council’s tree management policy. Ms B says the incident has had a devastating impact on her family physically, mentally and financially but the Council has refused to take responsibility for the incident or pay 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 Ms 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.
- Ms B has received the Council’s decision on her compensation claim. Ms B may now pursue her 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.
- I find it is reasonable for Ms B to take the Council to court and such action is proportionate to the seriousness of the incident. Also, Ms B has told the Council she will take court action if needed.
- So, we will not investigate this complaint.
Final decision
- We will not investigate Ms B’s complaint because it is reasonable for her to take the Council to court.
Investigator's decision on behalf of the Ombudsman