The Ombudsman's final decision
Summary: We will not investigate this complaint about damage to property because further investigation would not lead to a different outcome. The Council’s insurers are the appropriate body to decide a claim for damage, not the Ombudsman.
The complaint
Ms B says the Council damaged her shower and is not doing anything to put the matter right. Ms B is stressed and wants the matter resolved.
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: we could not add to any previous investigation by the organisation, or further investigation would not lead to a different outcome, or we cannot achieve the outcome someone wants.
(Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council completed works to Ms B’s bathroom under a Disabled Facilities Grant. Ms B says it damaged her shower.
The Council has provided a detailed response to Ms B’s complaints, and it is unlikely the Ombudsman could add to that.
The Council visited Ms B’s home and agreed a list of outstanding works which it will arrange for completion by a different contractor. The Council says it is waiting for Ms B’s agreement so it can arrange the works. I do not know whether the shower is included in those works but if it is then the Council has taken appropriate action to resolve Ms B’s concern.
Where a council, or a contractor on its behalf, might be responsible for damages to someone’s property the appropriate way to decide that would be through the council’s insurers. So, if the shower is not included on the outstanding list of works Ms B can make a claim on the Council’s insurance for damage to her property.
Final decision
We will not investigate Ms B’s complaint because further investigation would not lead to a different outcome. The Council has appropriately dealt with Ms B’s complaint and is awaiting her agreement to complete outstanding works. If the shower is not part of those outstanding works the Council’s insurers would be the appropriate body to decide a claim for damages, not the Ombudsman.
Investigator's decision on behalf of the Ombudsman