The Ombudsman's final decision
Summary: We will not investigate this claim for damage to property. This is because it does not meet the tests in our Assessment Code on how we decide which complaints to investigate. It is reasonable to expect the complainant to go to court.
The complaint
In summary, Mr X says the Council’s contractors caused damage to his property after failing to notify him that the road would be sprayed with tar. He would like to be compensated for the costs of cleaning the tar off his property.
The Ombudsman’s role and powers
We provide a free service but must use public money carefully. We do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended) 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. I considered the Ombudsman’s Assessment Code.
My assessment
The Council’s contractors have denied liability for the damage caused to Mr X’s property.
We will not investigate because the matter of liability for damages is best decided in the courts. It is reasonable for Mr X to take the matter to the small claims court. The court is best placed to decide if the Council’s contractors are liable for the damage and if Mr X is entitled to claim costs.
Final decision
I will not investigate. This is because it is reasonable to expect Mr X to go to court to decide liability for his claim.
Investigator's decision on behalf of the Ombudsman