The Ombudsman's final decision
Summary: We will not investigate this complaint about how the Council has dealt with the complainant’s concerns about damage caused to her property by a tree. This is because it would be reasonable for the complainant to pursue the matter in court.
The complaint
Ms X has complained that a Council owned tree has damaged her property. She says the Council previously agreed to repair the damage, but this has not happened. Ms X is also unhappy with how the Council has dealt with her complaint.
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 Ms X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Ms X believes the Council is liable for the damage to her home. But the Ombudsman cannot make findings on issues of liability for property damage. This is for the Council’s insurers and ultimately the courts to decide.
The Council has recently sent Ms X insurance forms to complete and said it will arrange a visit to assess the damage. If Ms X is unhappy with the outcome of any insurance claim, she can take the matter to court. I consider it would be reasonable for Ms X to pursue this route as it can provide her with the outcome she seeks. The Ombudsman will not usually investigate when someone can take the matter to court.
Ms X has also complained about the Council’s complaint handling. However, where the Ombudsman has decided not to investigate the substantive issues complained about, we will not usually use public resources to consider more minor matters such as complaint handling.
Final decision
We will not investigate Ms X’s complaint because it would be reasonable for her to take the matter to court.
Investigator's decision on behalf of the Ombudsman