The Ombudsman's final decision
Summary: We will not investigate this complaint about damage caused by falling branches. The courts are best placed to consider the matter, as a claim for compensation.
The complaint
Miss X complained the Council refused to compensate her for damage to vehicles from a fallen branch. She says this has resulted in her vehicle being unusable, and she worries about further damage that may occur. She wants the Council to pay the costs of repairing the damage and to remove the tree.
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) We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide: any fault has not caused injustice to the person who complained, or any injustice is not significant enough to justify our involvement.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Miss X’s complaint is about damage to two vehicles from a falling tree branch. She asked the Council to pay for the cost of repairing the damage. It declined her claim. Miss X complained to us.
We will normally signpost complainants to the courts in such circumstances. This is because such complaints are really negligence claims. Only a court can decide whether: the Council should have dealt with the problem before it caused the complainant harm; the complainant should have taken steps to avoid the harm; the Council is liable to pay damages for any loss or injury.
A claim through the small claims court may not address Miss X’s request the Council remove the tree completely. I have therefore considered whether it would be proportionate for us to investigate a complaint about that decision in isolation. However, any injustice resulting from the Council’s decision not to remove the tree is, at this time, hypothetical. We cannot consider future injustice, and in any event any further injustice that arises would also be a matter for the courts.
Final decision
We will not investigate Miss X’s complaint because the courts are best placed to consider compensation claims.
Investigator's decision on behalf of the Ombudsman