Summary: We will not investigate this complaint that the Council is at fault in declining to carry out work to trees. The complainant can pursue the matter in court and it would be reasonable to do so.

The complaint

1. The complainant, Ms X, complains that the Council has declined to carry out work to trees adjacent to her property.

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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. The complainant, Ms X, complains that the Council has declined to carry out works to trees to allow her access to maintain a fence. The evidence shows that the Council has declined to accept responsibility for the matter. Ms X believes the grounds on which it has done so are wrong.
6. The Ombudsman will not investigate this complaint. The matter turns on whether Ms X or the Council are correct in their interpretation of responsibility for the matter. The Ombudsman cannot take a view on the matter which is ultimately for the courts to determine. If Ms X wants to establish responsibility it would be reasonable for her to pursue the matter in court.

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Final decision

7. We will not investigate Ms 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