Summary: We will not investigate this complaint caused to the complainant’s wall. 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. Mr X says the Council has not arranged an inspection of his damaged boundary wall caused by an overgrown Council tree. Mr X would like the Council to inspect the tree, his wall, adjacent pavement and then remove the tree. He would also like the Council to pay for repairs to his wall and repair the pavement.

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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. The Council has sent Mr X information on how to make a claim.
5. We will not investigate as it is reasonable to expect Mr X to now take his 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

6. We will not investigate Mr X’s complaint because it is reasonable to expect him to go to court.

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Investigator's decision on behalf of the Ombudsman