The Ombudsman's final decision
Summary: We will not investigate this complaint about damage caused during pavement repair works. This is because the courts are better placed to deal with this complaint.
The complaint
Miss Y complained the Council caused damage to her property during pavement repair works and is now not taking responsibility for the repair work needed on her home.
Miss Y says the experience has been stressful and has cost her both time and money in dealing with the matter, including the damage to her home.
The Ombudsman’s role and powers
The Ombudsman investigates 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 may decide not to continue with an investigation if we decide there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information Miss Y and the Council provided and the Ombudsman’s Assessment Code.
My assessment
Miss Y says damage was caused to her property during pavement repair works, carried out by a contractor working on behalf of the Council, in October 2021. She complained to the Council about this in November. This was passed to the contractor as a claim for causing the damage. The contractor refused the claim in March 2022. Miss Y approached us in July.
Analysis The legislation from which the Ombudsman takes their power also places some restrictions on what we may investigate. One of these concerns negligence claims about damage to property or personal injury. We cannot determine liability claims for negligence. These are legal claims which may only be determined by insurers or the courts.
Miss Y’s injustice largely relates to the damage to her property and the costs to repair it. Miss Y has made a claim to the Council’s contractor for the cost of these, which the contractor has rejected. It is now for Miss Y to decide whether to pursue her claim against the contractor or not.
The courts can decide who is liable for the costs and if necessary, award damages. We are not able to decide liability or award damages.
Consequently, any claim for damages, such as costs for repairs, which Miss Y considers the Council or its contractor to be responsible for, are matters more appropriately dealt with by the courts. We will not investigate this complaint.
Final decision
We will not investigate Miss Y’s complaint because the courts are better placed to deal with this complaint.
Investigator's decision on behalf of the Ombudsman