The Ombudsman's final decision
Summary: We will not investigate this complaint about vibration caused by large vehicles travelling over nearby road. It is reasonable to expect Miss B to take the matter to court.
The complaint
The complainant, who shall call Miss B, says work the Council carried out on a nearby road causes her house to vibrate when large vehicles pass. She says crack have appeared in her home.
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 Miss B including the Council’s response to her complaint.
I considered the Ombudsman’s Assessment Code.
My assessment
We would normally expect someone in Miss B’s position to seek a remedy in the courts (either directly or through an insurance claim) if they think the Council is liable for damage to property. This is because adjudication on such matters usually involves making decisions on contested questions of fact and law which need the more rigorous and structured procedures of civil litigation for their proper determination.
Only a court can decide if a council is liable for the damage and what compensation must be paid. We cannot determine such legal matters and have no powers to enforce an award of damages. It is therefore reasonable to expect Miss B to make an insurance claim or apply to the court if the Council does not accept liability for the damage.
Final decision
We will not investigate Miss B ’s complaint because it is reasonable to expect her to make a claim about the damage to her property and seek a court remedy if necessary.
Investigator's decision on behalf of the Ombudsman