Summary: We will not investigate this complaint about property damage caused by Japanese knotweed from Council land. This is because it would be reasonable for Ms X to make a claim to the Council and, if it repudiates her claim, to take the matter to court.

The complaint

1. Ms X complains of damage to her property caused by Japanese Knotweed from Council owned land. She would like it removed or reimbursed if she removes it.

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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 Council says its contractors are spraying the plant regularly in line with its treatment schedule. It says it considers its spraying programme is causing the plant to ‘dieback’.
6. We will not investigate. This is because claims of property damage are best determined via insurers and thereafter court. The courts are better placed to determine the level of damages Ms X may be entitled to and its decisions are binding. It is therefore better placed to decide her claim.

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Final decision

7. We will not investigate as it is reasonable to expect Ms X to take this to court.

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Investigator's decision on behalf of the Ombudsman