Summary: We will not investigate this complaint about delay in the Authority’s insurers dealing with damage caused from tree roots as this causes insufficient injustice to the complainant to justify our further involvement and he has a remedy via court action that he could reasonably use.

The complaint

1. Mr X complains about delay by Transport for London’s (TFL) insurers in responding to his claim in May 2024 about damage caused to paving slabs within his property by the roots of TfL owned trees. Mr X says the uneven slabs pose a health and safety risk.

Back to top

The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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 any injustice is not significant enough to justify our involvement (Local Government Act 1974, section 24A(6), as amended, section 34(B))
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)

Back to top

How I considered this complaint

5. I considered information provided by the complainant and the Authority.
6. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

7. Soon after Mr X complained to us, TfL carried out a joint site visit with him and will pass its findings on to its insurers who will then be in touch with Mr X.
8. I recognise Mr X’s frustration at the time it has taken to reach this stage but the claim is progressing and I do not consider there is sufficient injustice from any delay to justify our involvement, in the public interest. We have limited resources and must direct them to the most serious cases. In addition, Mr X has the right to take his claim to court and it would be reasonable to expect him to do so if it is not decided in a timely fashion or to his satisfaction.
9. For these reasons, we will not investigate.

Back to top

Final decision

10. We will not investigate Mr X’s complaint because the claim is progressing and any injustice from delay is not sufficient to justify our involvement plus Mr X has the right to seek a remedy in court.

Back to top

Investigator's decision on behalf of the Ombudsman