The Ombudsman's final decision
Summary: We will not investigate this complaint about damage to a fence, which the complainant says was caused by the Council’s failure to maintain trees close to a property she owns. This is because it is reasonable for her to pursue the matter of liability with insurers and then the courts.
The complaint
The complainant, who I will call Ms X, complains about damage caused to her property because of the Council’s failure to maintain tress.
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
I will not investigate Ms X’s complaint about damage to her property, which she says was caused by the Council’s failure to maintain trees. Matters relating to liability for damage to property are properly for the courts to decide, not the Ombudsman. The Council have advised Ms X how to make a claim for liability with the Council’s insurers. Where liability is disputed, only the court can decide the issue.
Final decision
We will not investigate Ms X’s complaint because it is reasonable to expect her to take the matter to court.
Investigator's decision on behalf of the Ombudsman