The Ombudsman's final decision
Summary: We will not investigate this complaint about damage to the complainant’s property caused by trees on Council land. This is because it is reasonable to expect the complainant to go to court to decide any Council liability.
The complaint
Mr X complains about Council failure to maintain the woodland around his home.
He says a tree fell on to his property and caused damage to his fence and shrubs. He would like to be reimbursed for the damage.
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 also considered the Ombudsman’s Assessment Code.
My assessment
I will not investigate because the matter of liability for damages is usually for the Council’s insurers and the courts. Mr X can make an insurance claim to the Council’s insurers. If it is rejected it would be reasonable for him to take the matter to court to protect his private property. The court can decide liability and if Mr X is entitled to damages.
There is a simple procedure in the county court for dealing with small claims. Usually, solicitors are not required so the only costs will be the court fees.
Final decision
I will not investigate this complaint. This is because it is reasonable to expect Mr X to go to court to decide the Council’s liability.
Investigator's decision on behalf of the Ombudsman