The Ombudsman's final decision
Summary: We will not investigate this complaint about drainage because the courts and insurers are better placed to consider the issue.
The complaint
Ms Y complained the Council failed to repair a drainage issue, causing her property to flood, leading to a loss of her personal belongings, damage to the property including damp and mould and a mice infestation. The problems have caused Ms Y and her family significant distress and a loss of property.
The Ombudsman’s role and powers
We investigate 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 continue an investigation if we decide there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information Ms Y and the Council provided and the Ombudsman’s Assessment Code.
My assessment
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. These are legal claims which may only be determined by insurers or the courts.
We are not able to decide liability or award damages. Consequently, any claim for damages, such as costs for replacement items or repairs to property, which Ms Y considers the Council to be responsible for, are matters more appropriately dealt with by the courts. It is therefore reasonable for Mr Y to pursue this claim through either the insurer or the courts. We will not investigate this complaint.
Final decision
We will not investigate Ms Y’s complaint because the courts and insurers are better placed to consider the issue.
Investigator's decision on behalf of the Ombudsman