The Ombudsman's final decision
Summary: We will not investigate this complaint about the council’s response to damage cause to the complainant’s property by a tree. This is because it would be reasonable for him to pursue the matter in court.
The complaint
The complainant, who I will refer to as Mr B, complains that the Council was at fault in how it responded to his reports about a tree causing damage to his property, and in refusing to accept liability for damage the tree caused.
The Ombudsman’s role and powers
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
Mr B says a tree close to his property caused damage to his roof. Although the Council has removed the tree, he is critical of the length of time the Council took to respond to his reports and subsequent complaints, and of its failure to accept liability for the damage the tree caused, which necessitated the replacement of the property’s roof.
The Council has accepted that it was at fault in delaying its response to Mr B’s representations. It has upheld his complainant about this. Its insurers have denied liability for the damage on its behalf.
The Ombudsman will not investigate Mr B’s complaint. Essentially, it is an allegation that the Council was negligent in allowing its tree to cause damage to Mr B’s property. That is not a matter for us. We can take no view on issues of liability for damage to property. This is a matter which can be determined in court. If Mr B wants to establish liability for the damage to his property, he may pursue the matter in court. There is no role for the Ombudsman.
It is not a good use of public resources for us to investigate complaints about complaint responses when we cannot deal with the substantive matter. The Council has upheld Mr B’s complaint about its responses and there are no grounds for us to consider the matter further.
Final decision
We will not investigate Mr B’s complaint because it would be reasonable for him to pursue the matter in court.
Investigator's decision on behalf of the Ombudsman