The Ombudsman's final decision
Summary: We will not investigate Mr and Mrs X’s complaint the Council’s tree fell on their property causing damage which the Council has refused to pay for. Mr and Mrs X can reasonably use their legal remedy at court if they believe the Council is at fault.
The complaint
Mr and Mrs X complain the Council’s tree fell onto their property causing damage to their house, shed, and gates. The Council has rejected their insurance claim saying it is not at fault. Mr and Mrs X want the Council to pay for the damage.
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 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)
How I considered this complaint
I have considered Mr X’s information and discussed the complaint with him by telephone.
My assessment
I will not investigate this complaint because Mr and Mrs X have a legal remedy at court which puts the complaint outside the Ombudsman’s jurisdiction. I consider it reasonable for Mr and Mrs X to go to court because it has the power to decide the case and award damages.
Final decision
The Ombudsman will not investigate Mr and Mrs X’s complaint the Council’s tree fell causing damage to their home which the Council refuses to pay for. Mr and Mrs X can reasonably use their legal remedy at court if they believe the Council is at fault.
Investigator's decision on behalf of the Ombudsman