The Ombudsman's final decision
Summary: We will not investigate Miss X’s complaint that her car was damaged by a Council owned tree. This is because it is reasonable to expect Miss X to seek a remedy in court.
The complaint
Miss X complains, while she was driving in late 2024, a large limb from a Council-owned tree suddenly fell onto her car. She says this caused substantial damage to her car, including to the work-related sign. Miss X says the Council inspected the tree two weeks earlier and decided remedial works for a visible defect should be carried out within 12 months. She says the Council failed to sufficiently assess the immediate danger of the tree given the tree limb fell so shortly after the inspection.
Miss X complains the Council has unfairly denied liability. She says the incident has caused her severe emotional distress and impacted her financially. Miss X says she has incurred financial losses of over £10,000 because she had to purchase a new car and experienced loss of earnings while unable to work.
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
We do not normally investigate complaints about damage to property or personal injury. This is because, in effect, such complaints are that an organisation has been negligent. Our role is to consider complaints of administrative fault. Negligence claims are best decided by an organisation’s insurers, and if needed, the courts.
Miss X has received a decision from the Council’s insurers refusing her compensation claim. In its complaint responses, the Council explained its reasons for denying liability. Miss X may now pursue her claim by taking the Council to court. I find it is reasonable for Miss X to do this. Only the courts can decide if the Council was negligent, and if so, make an order for damages. We cannot recommend actions or payments that ‘punish’ an organisation. For these reasons, we will not investigate Miss X’s complaint.
Final decision
We will not investigate Miss X’s complaint that her car was damaged by a Council owned tree. This is because it is reasonable to expect Miss X to seek a remedy in court.
Investigator's decision on behalf of the Ombudsman