The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about damage to his property caused by a Council owned tree. This is because it is reasonable for Mr X to submit a claim to the Council’s insurers, and ultimately take the matter to court.
The complaint
Mr X complained the Council failed to manage a tree in its area it is responsible for. Mr X said falling leaves and sap from the tree caused damage to his property and car.
Mr X says the matter impacted him financially and caused him distress and frustration.
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
We will not investigate Mr X’s complaint that the Council failed to maintain a tree it is responsible for in its area which led to damage to his property.
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. Mr X could submit a claim to the Council’s insurers. If the claim is rejected, Mr X could take the matter to court, and it is reasonable to expect Mr X to do so.
Final decision
We will not investigate Mr X’s complaint because it is reasonable for him to take the matters complained about to court.
Investigator's decision on behalf of the Ombudsman