Summary: We will not investigate Miss X’s claim that ivy grown on Council land is damaging her property. This is because Miss X can make a claim on the Council’s insurance and, if necessary, she can take her claim to court.

The complaint

1. Miss X complains that ivy growth from Council owned land is causing damp in her home. Miss X also says the ivy is causing damage to external walls and roof tiles in the block where she lives.
2. She would like the Council to inspect, remove the ivy and carry out any remedial repairs. She would also like the Council to cover the costs of any works carried out by her property management company to avoid her service charge increasing.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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

5. I considered information provided by Miss X and the Council. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The Council response says it has removed the ivy growth. And that the ivy on the external walls of the block is a matter for the property owners/management company.

7. I will not investigate because Miss X can make a claim on the Council’s insurance if she believes the ivy is damaging her property and causing damp. If a claim fails, the matter of liability is usually decided in the courts.
8. It is reasonable for Miss X to take the matter to court. The court can decide whether the Council is liable for any damage to Miss X’s home. There is a simple procedure in the county court for dealing with small claims. Usually, solicitors are not required so the only costs will be the court fees.
9. I have not considered the aspect of the complaint referring to external damage to the block where Miss X lives. That is a matter for the property owner/managers to take up on their own behalf. If Miss X has concerns about her service charges increasing unfairly, she can take this up directly with the property owners/managers.

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Final decision

10. We will not investigate Miss X’s complaint because she can make a claim on the Council’s insurance. If her claim is unsuccessful, it is reasonable to expect her to ask the court to decide if the Council is liable for damage to her property.

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Investigator's decision on behalf of the Ombudsman