The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s failure to settle a claim because it would be reasonable for the complainant to pursue the substantive matter in court.
The complaint
The complainant, who I will refer to as Mr B, complains that the Council has failed to settle his claim for the reimbursement of expenses caused by tree roots blocking his drain.
The Ombudsman’s role and powers
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
Mr B says his drain was blocked by the roots of a tree owned by the Council. He has made a claim against the Council for the costs he incurred as a result and complains that the Council has delayed responding.
The Ombudsman will not investigate this complaint because the substantive matter is not one we would consider. The underlying issue is a claim that Mr B has suffered financial loss as a result of negligence on the Council’s part. The Ombudsman does not determine negligence claims, which are for the courts, and it would be reasonable for Mr B to pursue his claim in court. As the substantive matter does not fall within the Ombudsman’s jurisdiction, we will not investigate how the Council has responded to it.
Investigator's decision on behalf of the Ombudsman