The Ombudsman's final decision
Summary: We will not investigate this complaint arising from an insurance claim about damage caused to the complainant’s property. It is reasonable to expect the complainant to go to court if she remains unhappy with the outcome of her claim against the Council’s insurer.
The complaint
Mrs X complains about issues outstanding from her insurance claim against the Council. Mrs X says she would like the Council’s tree removed completely and her out-of-pocket expenses of £2000 reimbursed.
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 the information provided by Mrs X.
I considered the Ombudsman’s Assessment Code.
My assessment
We will not investigate Mrs X’s complaint.
Our role is to consider complaints of administrative fault. We cannot decide liability in complaints about damage to property, or the extent of remedial works required or whether out of pocket expenses should be reimbursed. Only the courts can do this.
It is therefore reasonable to expect Mrs X to take the matter to court. Only a token payment is required, and the small claim process is designed to be easy to use without the aid of a solicitor.
Final decision
We will not investigate Mrs X’s complaint because we cannot determine whether the Council should cut down the tree and pay her costs. It is reasonable to expect her to go to court.
Investigator's decision on behalf of the Ombudsman