Summary: We will not investigate this complaint about damage caused to Miss X’s property by a Council owned tree as it is reasonable to expect Miss X to resort to court action for the compensation she seeks.

The complaint

1. Miss X complains a Council owned tree has caused damage to her property and the Council has not responded to the claim she has submitted to its insurers for compensation.

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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.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. We cannot determine if the Council is legally liable for the damage caused to Miss X’s property or if it should pay compensation. Only the courts can do this and there is a procedure open to anyone to make such a claim in the courts.
6. It is therefore reasonable to expect Miss X to resort to court action and so we will not investigate.

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Final decision

7. We will not investigate Miss X’s complaint because the courts are best placed to deal with this matter.

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Investigator's decision on behalf of the Ombudsman