Derbyshire County Council (26 011 198)
Category : Environment and regulation > Trees
Decision : Closed after initial enquiries
Decision date : 23 Jul 2026
The Ombudsman's final decision:
Summary: We will not investigate this complaint alleging property damage by a tree owned by the Council. We will not investigate as it is reasonable to expect Mr X to go to court.
The complaint
- In short, Mr X complains of damage to his property by a tree owned by the Council. Mr X wants the Council to cut back its tree or put in a root barrier.
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 that includes the Council’s response.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X complains that a Council owned tree outside his property has caused subsidence and damage to his property over five years. And that the Council refuses to act on his request that it cutback the tree or install a root barrier. He also says the Council’s responses have been dismissive to his concerns that damp in his property can be linked to his family member’s serious health difficulties.
- The Council has responded to Mr X’s concerns. It has acknowledged that its responses could have been more sensitive to Mr X’s points. However, it denies liability and says there is no evidence of a link between Mr X’s claim and its tree.
- We will not investigate. Disputes about damage to property are better determined in the courts. A court can legally decide evidence in connection with liability, negligence and any losses arising. The Ombudsman has no powers to compel Councils to take remedial action.
- Also, we would not investigate how the Council responded to Mr X given we are not looking at the underlying complaint issues. This is because it would not be proportionate to do so.
Final decision
- We will not investigate Mr X’s complaint because it is reasonable to expect him to go to court.
Investigator's decision on behalf of the Ombudsman