London Borough of Hammersmith & Fulham (24 010 753)
Category : Environment and regulation > Trees
Decision : Closed after initial enquiries
Decision date : 12 Nov 2024
The Ombudsman's final decision:
Summary: We cannot investigate Mr X’s complaint that the Council has failed to carry out work to a tree in a neighbouring property, which Mr X says has caused damage to his property. This is because the complaint relates to the Council’s role as a social housing provider and because it would be reasonable for the complainant to go to court.
The complaint
- Mr X complains that the Council has failed to carry out work to a tree on its land that has caused damage to his property.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- We cannot investigate complaints about the provision or management of social housing by a council acting as a registered social housing provider. (Local Government Act 1974, paragraph 5A schedule 5, as amended)
- 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.
- I considered the Ombudsman’s Assessment Code.
My assessment
- I cannot investigate Mr X’s complaint that the Council has failed to carry out work to the tree. This is because the tree in question is owned by the Council’s housing department and therefore relates to the Council’s management of its housing estate.
- We cannot determine liability for damage to property, this can only be determined in court. So if the Council believes that the Council’s actions have led to damage to his property, it would be reasonable for him to use his right of appeal to the courts.
Final decision
- We will not investigate Mr X’s complaint because the Council’s actions are in relation to its role as a social housing landlord and because it is reasonable for him to use his right of appeal to the courts.
Investigator's decision on behalf of the Ombudsman