The Ombudsman's final decision
Summary: We will not investigate this complaint about damage caused to the complainant’s property by a tree on the public highway. This is because we cannot de cide what t he Council should pay towards the repairs as t he c ourts are best p laced to calcul at e cla ims for damages.
I t is therefore reasonable to expect the compl ai nant to go to co urt to resolve h er claim .
The complaint
Ms X is unhappy with the proposal to settle her insurance claim for damage to her property from the roots of a tree on the public highway. She says she has been put to a lot of time and trouble evidencing the damage which the Council has ignored. She strongly disagrees with the proposed remedy.
The Ombudsman’s role and powers
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 considered information provided by the complainant. I also considered the Ombudsman’s Assessment Code.
My assessment
We will not investigate as it is reasonable to expect Ms X to take her dispute with her insurance claim to court. There is a simple procedure in the county court for dealing with small claims.
Final decision
We will not investigate Ms X’s complaint because it is reasonable to expect her to go to court.
Investigator's decision on behalf of the Ombudsman