The Ombudsman's final decision
Summary: We will not investigate this complaint about poor quality work carried out on a property before Mrs X bought it from the Council. The courts are best placed to deal with claims for compensation due to negligence.
The complaint
Mr X complained about poor quality work done to a property before she purchased it from the Council. The Council carried out an insufficient survey during the pandemic. This has caused damage and mould in the property. Mrs X has paid £4,000 to have the bathroom installed properly and further works are needed. This has impacted Mrs X’s physical and mental health. She wants the Council to compensate her for the cost of works and the distress.
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) We have the power to start or discontinue an investigation into a complaint within our jurisdiction. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been, raised within a court of law. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mrs X bought her council property in early 2022. After the purchase, she says the extent of damage from previous poor-quality work became evident. She complained to the Council.
The Council wrote to Mrs X in April 2022 saying she should make a claim through its insurers. She did so, but the insurers rejected the claim as they did not consider the Council liable for the damage caused to Mrs X’s property.
Where someone complains to us about damage to goods caused by an employee or contractor of a council, we generally consider it reasonable to expect them to go to court. There is not a good reason in this case for us to disapply this expectation. Mrs X’s complaint does not form part of a wider complaint about Council services, and the costs of court action should not be disproportionately high. Claims for up to £10,000 in damages can be made in the small claims court, and the fees are on a sliding scale proportionate to the amount claimed. It is open to Mrs X to seek legal advice and pursue court action.
Final decision
We will not investigate Mrs X’s complaint because the issues she raises could reasonably be raised in a court of law.
Investigator's decision on behalf of the Ombudsman