The Ombudsman's final decision
Summary: We will not investigate this complaint about highway maintenance because the courts are better placed to consider the complaint.
The complaint
Mr Y complained the Council has failed to remove trees along his road which he says are a danger to road users and buildings nearby.
Mr Y says his vehicle has been damaged trying to pull out of the road, which is noisy due to lorries and buses hitting overhead branches and the tree roots are now damaging garages.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information Mr Y provided and the Ombudsman’s Assessment Code.
My assessment
Mr Y says the trees on his road have caused damage to his vehicle and to properties. Any damage to his vehicle which now need repairing, and the cost of this would be considered as a potential negligence claim for damages.
The legislation from which the Ombudsman takes their power also places some restrictions on what we may investigate. One of these concerns negligence claims about damage to property or personal injury. We cannot determine liability claims for negligence. These are legal claims which may only be determined by insurers or the courts.
We are not able to decide liability or award damages. Consequently, any claim for damages, such as costs for repairs, which Mr Y considers the Council to be responsible for, are matters more appropriately dealt with by the courts. It is therefore reasonable for Mr Y to pursue his claim through either his insurer or the courts. We will not investigate this complaint.
Final decision
We will not investigate Mr Y’s complaint because the courts are better placed to consider the complaint.
Investigator's decision on behalf of the Ombudsman