The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint that his shed is damaged due to the Council’s failure to cut back a hedge. This is because it is reasonable for Mr X to pursue his compensation claim at court.
The complaint
In summary, Mr X complains that a hedge on Council land on the boundary of his property damaged his shed for which he is seeking compensation.
Mr X says it has been very stressful having his insurance claim turned down and feels the Council is blaming him for not trimming the hedge.
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 Act 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 Mr X.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council has denied liability for the damage to Mr X’s shed. It says Mr X previously entered into a private agreement with the Council’s contractors for maintenance of the hedge without its agreement. It adds that as the owner of the adjoining land he has the right to remove any overhanging ‘vegetation’ to remove the potential of damage.
In short, Mr X’s complaint is that his shed was damaged due to Council negligence in not cutting back the hedge. Deciding whether an organisation has been negligent usually involves looking rigorously and in a structured way at evidence as only the court can to make its findings. In addition, only a court can decide if an organisation has been negligent and so should pay damages. We cannot recommend actions or payments that ‘punish’ the organisation.
I cannot decide whether the Council has been negligent and have no powers to enforce an award of damages. So, I would usually expect someone in Mr X’s position to seek a remedy in the courts.
I do not consider there is any exceptional reason why Mr X cannot do this. So, we will not investigate this complaint.
Final decision
I will not investigate Mr X’s complaint because it is reasonable for Mr X to pursue his compensation claim at court.
Investigator's decision on behalf of the Ombudsman