Summary: We will not investigate this complaint that the Council failed to deal with Mr X’s reports of damage. This is because it is reasonable to expect Mr X to approach the court to pursue his claim.

The complaint

1. Mr X complained the Council failed to deal with reports of damage. He said it is caused to his property and shared drop kerb by tree roots. He said the Council failed to act appropriately to the results of its site inspection. Mr X also complained about the Council’s complaints process.
2. He said the damage caused accessibility and safety risks. He wants the Council to complete repairs and progress his insurance claim.

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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, 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)
5. We normally expect someone to refer the matter to the Information Commissioner’s Office (ICO) if they have a complaint about data protection. However, we may decide to investigate if we think there are good reasons. (Local Government Act 1974, section 24A(6), as amended.)

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How I considered this complaint

6. I considered information provided by the complainant and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. Mr X said that although he has completed the complaints the Council did not resolve the damage. He said it had not completed adequate repairs after its site inspection.
9. Mr X submitted a claim to the Council in October 2025 and said it had not progressed.
10. We will not investigate this complaint. Where the Council has not responded it is for Mr X to take the matter to the courts to resolve, as the courts can decide liability or award damages, where we cannot. This is the best way for Mr X to progress, and it is reasonable he pursues his claim through the courts.
11. Mr X complained the Council did not respond to his Freedom of Information request within statutory timescales. Complaints regarding data matters are best considered by the ICO.
12. Mr X complained about the Council’s complaint process. 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.

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Final decision

13. We will not investigate Mr X’s complaint because it is reasonable to expect Mr X to approach the court to pursue his claim.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman