The Ombudsman's final decision
Summary: We will not investigate this complaint about a claim for damages after the complainant’s belongings were damaged in a flood in her home. This is because it is a matter for insurers or the courts.
The complaint
The complainant, whom I refer to as Ms X, says Council’s contractors caused a flood in her flat which damaged her belongings. Ms X wants £3000 for the damage.
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 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)) 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) The court considers claims for damages.
How I considered this complaint
I considered information provided by Ms X. This includes the complaint reply. I also considered our Assessment Code.
My assessment
The Council placed Ms X in Temporary Accommodation. A few months later the Council asked Ms X to move because it needed to do repairs in the block. Ms X declined and said she wanted to remain. The Council agreed but said it was her choice and there would be a lot of disruption because major work was needed.
A few months later the Council decided the property was unsuitable due to the repairs. It again offered alternative accommodation which Ms X declined. This time the Council said she could not stay and it started to look for alternative accommodation. A couple of weeks later Ms X reported that her flat had been flooded due to the work being done. The Council offered emergency accommodation in a B&B which Ms X did not think was suitable.
After about a week the contractors had been unable to stop the leak but Ms X was still reluctant to leave. She wanted to move to self-contained accommodation or a permanent home. A few days later the Council found self-contained accommodation which Ms X accepted.
Ms X wants £3000 in compensation for the damage caused to her possessions by the flood.
I will not start an investigation because this is a matter for insurers or the courts. We do not have the expertise to determine if the Council, or its contractor, is responsible for the damage or to assess how much should be awarded in damages if the Council is found to be responsible. Ms X can make a claim on the Council’s insurance or her own insurance. If that is unsuccessful she can take legal action. Ms X may wish to get legal advice before starting legal proceedings.
Final decision
We will not investigate this complaint because it is a matter for insurers or the courts.
Investigator's decision on behalf of the Ombudsman