The Ombudsman's final decision
Summary: We will not investigate this complaint about damage caused to Mrs X’s property by Council trees/vegetation. This is because Mrs X can seek a remedy through the courts and it is reasonable to expect her to take such action.
The complaint
Mrs X complains her garden has been damaged by overgrowing vegetation owned by the Council. Mrs X is concerned damage may also have been caused to the foundations of her house.
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 considered the Ombudsman’s Assessment Code.
My assessment
Mrs X’s complaint is essentially one of damage. We cannot determine if the Council is legally liable for any damage caused to Mrs X’s property. Only the courts can do this and there is a procedure open to anyone to make such a claim in court. I consider therefore that it is reasonable to expect Mrs X to resort to such action, and as per paragraph two, we will not investigate.
Final decision
We will not investigate Mrs X’s complaint because it is reasonable to expect her to resort to court action for a remedy for the damage she claims.
Investigator's decision on behalf of the Ombudsman