The Ombudsman's final decision
Summary: We will not investigate this complaint about damage to Mr X’s property from a fallen tree. If Mr X considers the Council is liable for the damage, it is reasonable for him to seek a remedy by way of an insurance claim and the courts.
The complaint
Mr X complains the Council failed to properly assess his neighbour’s tree following an application to remove it. The tree subsequently came down and damaged Mr X’s property. Mr X believes the Council is responsible and wants the Council to compensate him for the damage to his property.
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 and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X lives in a conservation area. His neighbour applied to remove a tree in their front garden. The Council assessed the tree and decided not to approve the application. The neighbour subsequently withdrew the application.
Several weeks later the tree came down in high winds and damaged Mr X’s property. Mr X complained this would not have happened had the Council assessed the tree properly and agreed to its removal.
We will not investigate this complaint.
The Ombudsman cannot determine liability or whether the Council should pay compensation for damage to property. These are legal claims which may only be determined by insurers or the courts. It is normal procedure for persons claiming damages caused by a council to submit an insurance claim against the Council. This will then be treated as a claim and passed on to its insurers or legal team for a response on liability.
If the Council does not accept liability, it is reasonable to expect Mr X to take the matter to court. Only a court can decide whether the Council is liable and whether it should pay damages.
Final decision
We will not investigate Mr X’s complaint because It is reasonable for him to seek a remedy by way of an insurance claim and the courts if no liability is accepted by the Council.
Investigator's decision on behalf of the Ombudsman