The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint that his property has been damaged due to the Council failing to maintain adjacent hedges. This is because damage claims are ultimately for the courts.
The complaint
Mr X complained his property has been damaged due to the Council failing to maintain adjacent hedges. Mr X wants the Council to rectify 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 the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X’s complaint is essentially a claim for damages due to alleged negligence by the Council. Such matters can only, ultimately be determined in court.
The first step is for Mr X to make a claim against the Council’s insurers and the Council has advised Mr X of this. If Mr X remains dissatisfied with the decision on this, he has the option of taking legal action to achieve the outcome he seeks. There is a low-cost procedure open to anyone to make a money claim in the courts. We are not empowered to determine such claims.
For these reasons, it is reasonable to expect Mr X to resort to court action if the Council does not provide the resolution he seeks and we will not therefore investigate.
Final decision
We will not investigate Mr X’s complaint because we are unable to determine damage claims as these matters are for the courts.
Investigator's decision on behalf of the Ombudsman