The Ombudsman's final decision
Summary: We will not investigate Ms X’s complaint that the Council damaged her property while carrying out work to a Council-owned tree. This is because it is reasonable for Ms X to pursue any claim for repair costs through the court.
The complaint
Ms X complains her property was damaged when part of a tree fell onto the roof during works carried out by the Council.
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 Act 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 Ms X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Ms X made a claim to the Council for the repair costs, which the Council rejected. The Council said a gust of wind blew a branch being lowered across Ms X’s roof and this was not preventable.
If Ms X disagrees with the Council’s position and considers it liable for the damage and cost of repairs it would be reasonable for her to pursue a claim through the courts. The courts are better placed to decide whether the Council has been negligent and is liable for damage. They can also provide a suitable remedy.
Final decision
We will not investigate Ms X’s complaint because it is reasonable for her to take the matter to court.
Investigator's decision on behalf of the Ombudsman