The Ombudsman's final decision
Summary: We will not investigate this complaint about damage caused to Mr X’s car by falling branches from a Council-owned tree which he says is not properly maintained. It is reasonable for Mr X to seek a remedy from the Council’s insurers or the courts if liability is not accepted.
The complaint
Mr X complained about the Council failing to prune and maintain a large tree outside his house. As a result, he says his car has suffered damage from falling branches and the Council should accept responsibility. He wants the Council to pay for the damage and to maintain the tree so that further damage or injury cannot occur in future.
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 X says his car has been dented several times by branches falling from a large ash tree planted at the edge of the footway near his house. He says he has reported the incidents to the Council and has been asking for the tree to be pruned for two years without success.
The legislation from which the Ombudsman takes his powers also places some restrictions on what we may investigate. One of these concerns negligence claims about damage to property or personal injury. We cannot determine liability claims for negligence. These are legal claims which may only be determined by insurers or the courts.
Mr X told the Council he would make a claim if it failed to respond to his report of damage. It is normal procedure for persons suffering damages or personal injury caused by a council or its contractors to submit an insurance claim against the Council. This will then be treated as a claim, rather than a complaint and passed on to its insurers or legal team for a response on liability. If the Council denies liability, it is reasonable for Mr X to seek a remedy in the courts.
Final decision
We will not investigate this complaint about damage caused to Mr X’s car by falling branches from a Council-owned tree which he says is not properly maintained. It is reasonable for Mr X to seek a remedy from the Council’s insurers or the courts if liability is not accepted.
Investigator's decision on behalf of the Ombudsman