London Borough of Barnet (25 016 504)
Category : Transport and highways > Highway repair and maintenance
Decision : Closed after initial enquiries
Decision date : 03 Nov 2025
The Ombudsman's final decision:
Summary: We will not investigate Mr B’s complaint that his car was damaged by a Council owned tree. This is because it is reasonable for Mr B to pursue his compensation claim by taking the Council to court.
The complaint
- Mr B complains his car was damaged after hitting a pavement tree which protrudes into an on street parking bay. Mr B says the Council has not accepted responsibility for the damage even though this tree has damaged other vehicles. Mr B would like the Council to pay for the required repairs to his car and remove this parking bay.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- The Act 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)
How I considered this complaint
- I considered information provided by Mr B.
- I considered the Ombudsman’s Assessment Code.
My assessment
- We do not normally investigate complaints about property damage. This is because in effect such complaints are that an organisation has been negligent. Our role is to consider complaints of administrative fault. Negligence claims are best decided by an organisation’s insurers, and if needed, the courts. Only the courts can decide if an organisation was negligent, and if so, make an order for damages. We cannot recommend actions or payments that ‘punish’ an organisation.
- Mr B has received the Council’s insurer’s decision on his compensation claim. Mr B may now pursue his claim by taking the Council to court.
- I find it is reasonable for Mr B to do this. The initial fee for making a claim is relatively modest and Mr B has told the Council he intends to take such action.
- So, we will not investigate this complaint.
Final decision
- We will not investigate Mr B’s complaint because it is reasonable for him to take the Council to court.
Investigator's decision on behalf of the Ombudsman