The Ombudsman's final decision
Summary: We will not investigate this complaint about damage caused to Mr X’s driveway allegedly arising from the Council’s failure to maintain road drains. This is because it is reasonable to expect Mr X to go to court to determine any liability owed by the Council.
The complaint
In summary, Mr X says the poor state of a road causes flooding and damage to his driveway.
He would like to be reimbursed to repair his driveway.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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 cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6)) 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 the complainant and the Ombudsman’s Assessment Code.
My assessment
The Council has denied liability and says it cannot be held responsible for adverse weather conditions.
I will not investigate because the matter of liability for property damage is decided in court. There is a simple procedure in the county court for dealing with small claims. The Ombudsman has no powers to determine legal liability nor to award damages.
It is therefore reasonable for Mr X to take the matter to court. The court can decide liability and if Mr X is entitled to claim the costs claimed. The court can consider the evidence Mr X has collected about the Council’s alleged negligence.
Final decision
I will not investigate. This is because it is reasonable to expect Mr X to go to court to decide the Council’s liability for his property damage.
Investigator's decision on behalf of the Ombudsman