The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s handling of matters relating to roots from a Council owned tree which Mr X says have damaged his property. This is because Mr X has appeal rights to the courts which places the complaint outside our jurisdiction.
The complaint
Mr X complains a Council owned tree has caused fissures in his driveway and despite having been advised to submit a structural engineer’s report to support his claim for damages, the Council’s insurers have rejected his claim.
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 the complainant, including the Council’s response to his complaint.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X complained to the Council about its response to his report of roots from a Council owned tree damaging his property.
Mr X submitted an insurance claim which the Council’s insurers rejected despite his lawyers advising him the Council was liable for the damage.
The restriction highlighted at paragraph 3 applies to Mr X’s complaint. If he wishes to challenge the decision on his insurance claim he can take legal action against the Council through the courts. As he has this alternative remedy available to him which we would reasonably expect him to use, the complaint falls outside our jurisdiction and will not be investigated.
Final decision
We will not investigate Mr X’s complaint because he has appeal rights to the courts which places the complaint outside our jurisdiction.
Investigator's decision on behalf of the Ombudsman