Summary: We will not investigate this complaint that the Council has told the complainant it is not responsible for damage caused to her property as there is insufficient evidence of fault by the Council.

The complaint

1. Ms X complains the Council has told her it is not responsible for damage caused to her home but Ms X indicates the falling branch came from a tree at a Council building. Ms X wants to know who is responsible so she can issue a damage claim.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide there is not enough evidence of fault to justify investigating (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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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. An internet search of the building Ms X refers to suggests that it is not owned by the Council. We will not investigate therefore as it is unlikely we will find fault in what the Council has told Ms X.

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Final decision

6. We will not investigate Ms X’s complaint because it is unlikely we will find fault by the Council.

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Investigator's decision on behalf of the Ombudsman