Summary: We will not investigate Mr X’s complaint about the Council’s handling of a liability claim. This is because it is reasonable to expect Mr X to pursue his claim through the Council’s insurers and then courts.

The complaint

1. Mr X complains on behalf of his mother, Mrs Y. He complains a Council owned tree has damaged Mrs Y’s property since 2015, yet the Council has refused to accept liability thus far.
2. Mr X also complains about the Council’s poor communication.

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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. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
5. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
6. 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

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

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My assessment

9. Mr X says he first complained to the Council about damage to Mrs Y’s driveway in 2015 but received no appropriate response. I will not investigate any complaint about the Council’s actions in 2015 because it is late. There are no good reasons why Mr X could not have complained to us within 12 months if he was dissatisfied with the Council’s response.
10. In December 2023, Mr X complained the tree had caused further damage to Mrs Y’s driveway. This complaint is in time.
11. The Council told us Mr X’s insurance claim is being investigated by a loss adjuster to assess liability. It updated Mr X of this in October 2024. It is reasonable to expect Mr X to pursue his claim through the Council’s insurers and then court if he is dissatisfied with the outcome. The Courts are better placed to consider any liability disputes and insurance claims. Therefore, I will not investigate Mr X’s complaint.
12. It would not be a good use of public money to investigate the Council’s communication in isolation.

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Final decision

13. We will not investigate Mr X’s complaint because it is reasonable for him to pursue his claim through the Council’s insurers and then court if he is dissatisfied.

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Investigator's decision on behalf of the Ombudsman