The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s refusal to pay to correct problems with a flat roof installed at Mr X’s property in 2017 under a disabled facilities grant. We cannot establish whether the Council is liable to pay for the repairs as demanded by the complainant. If the complainant believes the Council is liable for the cost of the repairs, it is reasonable to expect him to make a claim on the Council’s insurance. If they deny liability Mr X can ask the Courts to decide whether the Council to pay to repair the defects to Mr X’s roof.
The complaint
Mr X complains the Council will not pay to correct defects to his flat roof. The roof was installed in 2017 as part of works carried out to Mr X’s home under a disabled facilities grant (DFG).
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 Mr X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X complains about defects with a flat roof installed at his property as part of works funded by a DFG.
While the Council has funded the works, Mr X’s contract for the works are between him and the appointed contractor. Where the complainant has entered a contract with the building contractor, any complaint about the quality of the work would be for the complainant to take up with the contractor. The Council’s role is to supervise and inspect the works.
Final decision
We will not investigate Mr X’s complaint because the complaint is an allegation of negligence against the Council and the contractor, for works not completed correctly. We cannot resolve the dispute between Mr X and the Council by deciding on the negligence and liability issues he raises. These are legal matters that only the insurers and the courts can decide. If the Council’s insurer rejects his claim, it is for him to ask the court to determine whether the Council is liable for the repairs.
Investigator's decision on behalf of the Ombudsman