Summary: We will not investigate Miss X’s complaint the Council damaged her fence. This is because it is reasonable for Miss X to submit a claim to the Council’s insurers and, ultimately, take the matter to court.

The complaint

1. Miss X complained the Council damaged her fence when conducting work on shrubs and trees on land it owns behind her home.
2. Miss X said the matter caused her frustration.

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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 the complainant.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. We will not investigate this complaint. The role of the Ombudsman is to consider complaints of administrative fault. We cannot decide liability in complaints about damage to property. Only the courts can do this. Miss X could submit a claim to the Council’s insurers. If the claim is rejected, Miss X could take the matter to court, and it is reasonable to expect Miss X to do so.

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Final decision

8. We will not investigate Miss X’s complaint because it is reasonable for her to take the matters complained about to the Council’s insurers and, ultimately, the courts.

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Investigator's decision on behalf of the Ombudsman