Summary: We will not investigate Mr X’s complaint about a delay agreeing to the removal of two protected trees. An investigation would not lead to different outcome and if Mr X considers the Council liable for damages, this is better considered by the courts.

The complaint

1. Mr X complained the Council took six months to agree the removal of two trees which were protected by a Tree Protection Order. He says the delay caused distress, personal injury, financial loss, and damage to property.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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)
4. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service but must use public money carefully. We do not start or continue an investigation if we decide further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6), section 34(B))

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How I considered this complaint

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. We will not investigate this complaint. If Mr X considers the Council liable for personal injury, property damage or financial loss, it is open to make a claim through the Council’s insurers. If he is dissatisfied with the outcome, it is reasonable for him to take the matter to court. We cannot decide whether the Council is liable for damages and whether it should pay Mr X compensation, only the courts can do this.
8. The Council has now granted permission for Mr X to remove the trees. An investigation would not lead to a different outcome or achieve anything more.

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Final decision

9. We will not investigate Mr X’s complaint because it would not lead to a different outcome and if Mr X considers the Council liable for damages, he can take the matter to court.

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Investigator's decision on behalf of the Ombudsman