Summary: We will not investigate this complaint about tree root damage as it is reasonable to expect the complainant to resort to court action for the compensation she seeks.

The complaint

1. Miss X complains the Council has failed to address damage she says has been caused to her property by tree roots. Miss X wants the Council to admit the damage and to pay for repairs

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The Ombudsman’s role and powers

2. 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

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The Council has inspected the tree and nearby area and concluded that there is insufficient evidence to indicate its roots have caused damage at Miss X’s property. It has advised Miss X her next step would be to submit an insurance claim to the Council.
6. We will not investigate as we cannot determine damage claims. Only a court can ultimately decide if the Council if liable for the damage and whether it should pay Miss X compensation. There is a relatively simple, low-cost procedure open to anyone to make a money claim in court. It is reasonable to expect Miss X to take such action directly or via her insurers.

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Final decision

7. We will not investigate Miss X’s complaint because it is reasonable to expect her to resort to court action for the compensation she seeks.

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Investigator's decision on behalf of the Ombudsman