The Ombudsman's final decision
Summary: Mr X complains about damage caused to his property by a Council owned hedge. The Ombudsman will not investigate this complaint because this is a matter for the courts.
The complaint
Mr X complains about damage caused to his property by a Council owned hedge.
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) We have the power to start or discontinue an investigation into a complaint within our jurisdiction. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been, raised within a court of law. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
The complainant had an opportunity to comment on my draft decision.
My assessment
Mr X says that a hedge near his property has damaged his house through subsidence caused by the removal moisture in the ground by the hedge. He has pursued a claim with his insurers but has an excess to pay.
He says that the Council refuses to take action to remove the hedge.
The Ombudsman considers that any claims for damage caused by Council negligence are matters for the court. We consider therefore that the complaint is out of jurisdiction for this reason.
Final decision
I do not intend to investigate this complaint because he can pursue the matter in the courts.
Investigator's decision on behalf of the Ombudsman