Summary: We will not investigate this complaint that the Council is liable for damages to the complainants vehicle after a branch fell from a tree. This is because it is reasonable to pursue the matter in court. We will not investigate how the Council dealt with branches that fell from his land in 2018, because that matter happened too long ago.

The complaint

1. The complainant, who I will call Mr X, complains about how the Council has dealt with matters relating to two instances where branches fell onto the highway. The first in 2018, when the Council claimed costs from Mr X for the removal of branches, and the second in 2021, when a falling branch caused damage to Mr X’s vehicle. Mr X says the Council is liable for the damage caused to his vehicle.

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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 cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
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)

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How I considered this complaint

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

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My assessment

7. I will not investigate Mr X’s complaint about how the Council dealt with matters relating to branches that fell from Mr X’s land in 2018. This is because the events happened too long ago. I see no reason why Mr X could not have completed the Council’s complaints process and then brought his complaint to the Ombudsman sooner.
8. I will not investigate Mr X’s complaint that the Council refuse to accept liability for damage caused to his car by a falling branch in 2021. This is because Mr X may pursue his claim by taking the Council to court.
9. The role of the Ombudsman is to consider complaints of administrative fault. We cannot decide liability in complaints about damage to property. This is for the Council’s insurers and ultimately for the courts.
10. Only the court can decide if the Council has been negligent. The court can decide what damages, if any, the Council should pay. Also, unlike the Ombudsman, the court can order a party to pay damages.
11. I find it is reasonable for Mr X to take the Council to court. The fees for making a claim are relatively modest and Mr X may ask for the fee to be reimbursed if his claim is successful.
12. Mr X is unhappy with the way the Council dealt with his complaint. But it is not a good use of public resources to look at the Council’s complaints handling if we are not going to look at the substantive issue complained about. We will not therefore investigate this issue separately.

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Final decision

13. We will not investigate Mr X’s complaint because he can pursue the matter in the courts and part of his complaint is made late.

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Investigator's decision on behalf of the Ombudsman