Summary
We will not investigate this complaint about financial loss incurred by the complainant after his driveway was damaged by tree roots. This is because it is reasonable for the complainant to take his claim to court.
The complaint
In summary, Mr X says the Council has been negligent in not satisfactorily remedying his insurance claim concerning tree roots representing a trip hazard and also causing damage to his driveway.
Mr X says that, while the Council has offered a total of £350 to settle his insurance claim, this does not reimburse him for his total outlay of £800.
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 and the Ombudsman’s Assessment Code.
My assessment
I will not investigate because the matter of liability for financial loss is usually decided in the courts. It is reasonable for Mr X to take the matter to court. The court can decide liability and if Mr X is entitled to claim the costs incurred. There is a simple procedure in the county court for dealing with small claims. Usually, solicitors are not required so the only costs will be the court fees.
Final decision
I will not investigate as it is reasonable to expect Mr X to go to court to decide the Council’s liability for his financial loss.
Investigator's decision on behalf of the Ombudsman