Summary: We will not investigate this complaint about damage caused to the complainant’s property. This is because the courts are best placed to calculate claims for damages. It is therefore reasonable to expect the complainant to go to court to resolve his complaint.

The complaint

1. Mrs X says the Council failed to cut back a dangerous tree after she warned it may fall in strong winds. She says the tree then fell over in strong winds causing damage to her property and also her son’s car. Mrs X wants the Council to pay in full for the damage and the stress caused to her and her family.

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The Ombudsman’s role and powers

2. 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).

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How I considered this complaint

3. I considered information provided by the complainant. I also considered the Ombudsman’s Assessment Code.

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My assessment

4. We will not investigate as it is reasonable to expect Mrs X to now take her claim for damages to court. There is a simple procedure in the county court for dealing with small claims. We have no powers to compel the Council to pay for the repairs.

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Final decision

5. We will not investigate Mrs X’s complaint because it is reasonable to expect her to go to court.

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Investigator's decision on behalf of the Ombudsman