Summary: We will not investigate Mr X’s complaint about Transport for London’s handling of his claim for compensation for damage to his property caused by a falling tree. This is because it would be reasonable for Mr X to take the matter to court.

The complaint

1. The complainant, Mr X, suffered damage to his fence when a tree owned by Transport for London (TfL) fell and damaged it. Mr X complains about TfL’s handling of his compensation claim.

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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. 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

4. I considered information provided by Mr X and TfL.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X has referred his compensation claim to TfL’s claims handler and in the meantime he has paid for repairs to his fence to make his property secure. If Mr X is unhappy with the way his claim is being dealt with it would be reasonable for him to take the matter to court.

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Final decision

7. We will not investigate this complaint. This is because it concerns the handling of Mr X’s claim for compensation and this is a matter for the courts.

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Investigator's decision on behalf of the Ombudsman