The Ombudsman's final decision
Summary: We will not investigate Miss X’s complaint about damage to her property caused by a Council owned tree and shrubs. This is because it is reasonable for Miss X to submit a claim to the Council’s insurers, and ultimately take the matter to court.
The complaint
Miss X complained about damage caused to her driveway and fence by a Council owned tree and shrubs.
Miss X says the matter has caused her distress.
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
Miss X complained her driveway and fence were damaged because the Council failed to maintain a tree and shrubs it is responsible for. Miss X said the roots of the tree damaged her driveway and the overgrown shrubs damaged her fence. Miss X’s complaint is therefore that the Council has been negligent.
We will not investigate this complaint. The role of the Ombudsman is to consider complaints of administrative fault. We cannot decide liability in complaints about damage to property, only the courts can do this. Miss X could submit a claim to the Council’s insurers. If the claim is rejected, Miss X could take the matter to court, and it is reasonable to expect Miss X to do so.
Final decision
We will not investigate Miss X’s complaint because it is reasonable for her to take the matters complained about to court.
Investigator's decision on behalf of the Ombudsman