Summary: We will not investigate this complaint about an overgrown tree because the courts are better placed to consider this complaint.

The complaint

1. Mrs Y complained the Council has failed to maintain one of its trees, causing damage to her property and inconvenience to her. She also complained about the poor communication from the council.
2. Mrs Y says the issue is causing damage to her property, including a window, causing debris and problems with her phone line.

Back to top

The Ombudsman’s role and powers

3. 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 another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended)
4. It is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue.

Back to top

How I considered this complaint

5. I considered information Mrs Y and the Council and the Ombudsman’s Assessment Code.

Back to top

My assessment

6. Mrs Y says her property has been damaged by the tree because it has grown significantly and the Council has failed to keep the tree properly maintained.
7. The legislation from which the Ombudsman takes their power also places some restrictions on what we may investigate. One of these concerns negligence claims about damage to property or personal injury. We cannot determine liability claims for negligence. These are legal claims which may only be determined by insurers or the courts.
8. We are not able to decide liability or award damages. Consequently, any claim for damages, such as costs for repairs to her windows or elsewhere in her property, which Mrs Y considers the Council to be responsible for, are matters more appropriately dealt with by the courts or the Council’s insurers, on which she can make a claim. We will not investigate this complaint.
9. Mrs Y as a property owner is able to take action to limit or prevent damage caused by the tree. Where the tree is growing over onto her land, she is entitled to cut the tree branches if she wishes. If she considers the costs of having such work done as being the responsibility of the Council, this would also need to be a claim as previously referred to.
10. Mrs Y has also complained about the poor communication she has experienced with the Council since she complained about the tree being overgrown as the Council rejected her complaint when Mrs Y asked for details of how she could provide legal papers in an action against the Council within her complaint.
11. As we are not investigating the substantive issue, it would not be a good use of public funds to investigate how the Council dealt with her complaint. We will not investigate.

Back to top

Final decision

12. We will not investigate Mrs Y’s complaint because the courts are better placed to consider this complaint.

Back to top

Investigator's decision on behalf of the Ombudsman