The Ombudsman's final decision
Summary: We will not investigate this complaint that the Council are responsible for damage to property while work was carried out to a nearby tree. This is because it is reasonable for the complainant to pursue their compensation claim through the courts.
The complaint
Ms X complains that her property was damaged after the Council carried out work to a nearby tree. Ms X says the Council has delayed considering her claim and responding to her complaints.
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 and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
I will not investigate Ms X’s complaint because claims of liability for damage to property are better decided in the courts. It is therefore reasonable to expect Ms X to take the matter to court.
Because we are not investigating the substantive matter, an investigation solely into the Council’s handling of Mrs B’s claim and complaint is not a good use of public resources.
Final decision
We will not investigate Ms X’s complaint because it is reasonable for her to pursue her claim through the courts.
Investigator's decision on behalf of the Ombudsman