The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint that the Council damaged his property. This is because it would be reasonable for him to go to court.
The complaint
The complainant, Mr X, complains the Council damaged his property while carrying out repairs to a garage it owns.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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 Mr X and the Ombudsman’s Assessment Code.
My assessment
We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We do not normally deal with complaints of property damage as they are more suitable for the courts.
Mr X confirms the Council denies responsibility for the damage to his property and believes other parties acting on its behalf may be liable.
We cannot decide disputes over liability for property damage; if Mr X wishes to pursue the matter it would be reasonable for him to go to court. He may wish to contact his insurer about this.
Final decision
We will not investigate this complaint. This is because it would be reasonable for Mr X to take the matter to court.
Investigator's decision on behalf of the Ombudsman