Peterborough City Council (26 019 051)

Category : Environment and regulation > Trees

Decision : Closed after initial enquiries

Decision date : 29 Sep 2026

The Ombudsman's final decision:

Summary: We will not investigate Mrs X’s complaint about a council-owned tree causing damage to her property. It is reasonable to expect Mrs X to take the matter to court.

The complaint

  1. Mrs X complains a council-owned tree has encroached onto her property and caused damage. Mrs X also says the Council has not properly dealt with the matter and has not carried out works to prevent future damage.
  2. Mrs X says this has caused distress.
  3. Mrs X wants the Council to contribute towards repairs to her property and carry out works to prevent future damage.

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The Ombudsman’s role and powers

  1. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
  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

  1. I considered information provided by Mrs X.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. We consider our powers on what we could achieve as part of our consideration of whether an alternative remedy exists and whether it is reasonable for a person to use it.
  2. Mrs X’s complaint is mainly that the Council has been negligent. Deciding whether a council has been negligent usually involves looking rigorously, and in a structured way, at evidence as only a court can to make its findings. In addition, only a court can decide if an organisation has been negligent and should pay damages.
  3. We will not investigate this complaint. As we cannot determine liability for the damage to Mrs X’s property, nor direct the Council to contribute to the repair costs for the damage, nor instruct the Council to carry out the works Mrs X wants, it is reasonable for her to take the matter to court.

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Final decision

  1. We will not investigate Mrs X’s complaint because there is an alternative legal remedy available, and it is reasonable for her to use it.

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Investigator's decision on behalf of the Ombudsman

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