Summary: We will not investigate this complaint about trees damaging Mr X’s property. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. It is reasonable for Mr X to apply to the courts.

The complaint

1. Mr X complained the Council failed to maintain trees he says belong to it.
2. Mr X says the trees are causing damage to his property.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate
4. 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

5. I considered information provided by the Mr X and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr X complained that trees owned by the Council were causing damage to his property.
8. The Council said the trees were on Mr X’s land and he was responsible for them.
9. Only a court can decide if the Council is liable for the damages to Mr X’s property caused by the tree.
10. We cannot make a determination over who owns the tree, only a court could make that decision. As ownership is disputed it is reasonable to expect Mr X, as the property owner, to apply to court.

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Final decision

11. We will not investigate Mr X’s complaint because it would be reasonable for him to make a claim to court.

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Investigator's decision on behalf of the Ombudsman