The Ombudsman's final decision
Summary: We will not investigate this complaint about damage caused to the complainant’s car by a tree. This is because it would be reasonable for the complainant to pursue the matter in court.
The complaint
The complainant, whom I shall refer to as Mr X, has complained that a Council owned tree caused damage to his car. Mr X says he reported issues with the tree to the Council on a few occasions, but it failed to carry out the necessary works to the tree. Mr X says the Council should compensate him 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 considered information provided by Mr X and the Ombudsman’s Assessment Code.
My assessment
Mr X says the Council is responsible for the damage to his car. However, it is not for the Ombudsman to decide liability claims about property damage. Instead, this will be a legal matter for the Council’s insurers and ultimately for the courts to decide.
The Council’s insurers are currently considering Mr X’s claim. If the claim is rejected, it would be reasonable for Mr X to challenge this through the courts.
Final decision
We will not investigate Mr X’s complaint because it would be reasonable for him to pursue the matter in court.
Investigator's decision on behalf of the Ombudsman