London Borough of Harrow (26 008 879)
Category : Environment and regulation > Trees
Decision : Closed after initial enquiries
Decision date : 06 Jul 2026
The Ombudsman's final decision:
Summary: We will not investigate this complaint about a claim for damaged property where the complainant believes the Council is liable for compensation. This is because the complainant has an alternative legal remedy, to pursue a claim of negligence through the courts. Only the courts can decide whether the Council was negligent and award compensation. It is therefore reasonable to expect them to use their legal remedy.
The complaint
- X complained the Council was negligent in its inspection regime relating to a tree near their property. X said the tree fell and caused damage to their motor vehicle and could have caused significant harm to their family. X said this risk was foreseeable and wants the Council to be held accountable.
The Ombudsman’s role and powers
- 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)
- Negligence claims and interpreting the law around civil liability are generally best decided by a court where the Council does not accept insurance liability. Only a court can decide whether the problem should have been dealt with by the Council before it caused damage to a person’s property, or if it is liable to pay damages for a person’s loss.
How I considered this complaint
- I considered information provided by the complainant and I considered the Ombudsman’s Assessment Code.
My assessment
- X was unhappy with the Council’s inspection and maintenance regime, relating to a tree near their home. X said the Council’s records demonstrated there was a risk of the tree falling and thus the incident they were affected by, could have been avoided.
- I will not investigate this complaint because I cannot achieve what X is looking for. The Council has denied any liability, and it is only the courts that can now decide the Council is liable, we cannot. Therefore, it is reasonable to expect X to approach the courts to resolve their claim.
Final decision
- We will not investigate X’s complaint because they have an alternative legal remedy, through the courts and because only the courts can achieve the outcome they are looking for, it is reasonable to expect them to use this remedy.
Investigator's decision on behalf of the Ombudsman