Summary: We will not investigate this complaint about the Council’s refusal to accept liability for damage to property. The complainant can take the matter to court and it would be reasonable for her to do so.

The complaint

1. The complainant, Mrs X, complains that the Council has refused to accept liability for damage to property caused by a tree.

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The Ombudsman’s role and powers

2. 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

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mrs X’s complaint concerns the Council’s response to her insurance claim for damage she says was caused to her boundary wall by a tree situated on the Council’s land. She complains that, despite the provision of Land Registry documents showing the tree is owned by the Council, it has refused to accept liability.
6. The Ombudsman will not investigate Mrs X’s complaint. This is because she can take the matter to court and it would be reasonable for her to do so. The matter turns on the ownership of the tree and liability for damage. The Ombudsman cannot take a view on these matters. Only a court can determine them.

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Final decision

7. We will not investigate Mrs X’s complaint because it would be reasonable for her to take the matter to court.

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Investigator's decision on behalf of the Ombudsman