Summary: We will not investigate this complaint about a claim for damage to the complainant’s property. 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 liable for causing any damage. It is therefore reasonable to expect the complainant to use their legal remedy to achieve what they are looking for.      

The complaint

1. Mrs B complains the Council failed to properly address her concerns about an invasive plant from a neighbouring property that had encroached onto her property and caused damage. Mrs B says this has limited her enjoyment of her own garden and now wants the Council to carry out repairs to her damaged 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)
3. 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. 

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. In mid-2026, Mrs B complained to the Council about an invasive plant that had grown out of control on a neighbouring Council-owned property. Mrs B said this was to the extent that it had grown into her garden, causing damage to a fence and paving.
7. In August 2026, the Council sent Mrs B a final response. It apologised that it had delayed responding to and addressing Mrs B’s concerns about the neighbouring property. It set out the actions it had taken to address the issue on the property it was liable for. It also said it had not identified any damage to a fence and said it could not say the damage to Mrs B’s paving was caused by the invasive plant.
8. Mrs B remained concerned about damage to her property and the Council referred Mrs B to make a claim through its insurers.
9. We will not investigate this complaint. This is because we cannot determine the Council’s liability for the damage to Mrs B’s property. Only the courts can do this. In these circumstances, it would be reasonable for Mrs B to pursue a claim for damages through her insurers and through the courts, if necessary, to achieve what she is looking for.

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Final decision

10. We will not investigate Mrs B’s complaint because she has an alternative legal remedy through the courts. Only the courts can achieve the outcome she is looking for, so it is reasonable to expect her to use this remedy.  

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Investigator's decision on behalf of the Ombudsman