The Ombudsman's final decision
Summary: We will not investigate this complaint about damage to Mr X’s wall caused by the Council’s installation of an alley gate next to it. This is because Mr X has appeal rights to the courts which places the complaint outside our jurisdiction.
The complaint
The complainant, who I refer to as Mr X, complains about an alley gate the Council has fitted behind his house which has caused damage his wall which he wants addressed.
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 Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X contacted the Council about damage caused to his wall when the Council installed an alley gate next to it. He has been attempting to pursue a claim for damage but has yet to receive a decision on his claim.
The restriction highlighted at paragraph 3 applies to Mr X’s complaint. If he is dissatisfied with the outcome of his insurance claim, we would reasonably expect him to use his alternative court remedy so placing the complaint outside our jurisdiction.
Final decision
We will not investigate Mr X’s complaint because he has appeal rights to the courts which places the complaint outside our jurisdiction.
Investigator's decision on behalf of the Ombudsman