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 I considered the Ombudsman’s Assessment Code.
My assessment
Miss X reports damage to her property caused by trees and bushes owned by the Council.
We understand Miss X has contacted her home insurers about this matter.
Where someone complains about damage to property, we will normally signpost them to the court process. The court is best placed to consider this matter and decide whether the Council is liable for the cost of remedial works to Miss X’s property or any compensation.
Final decision
We will not investigate Miss X’s complaint. The court is best placed to consider claims about damage to property.
Investigator's decision on behalf of the Ombudsman