The Ombudsman's final decision
Summary: We will not investigate X’s complaint about damage caused to a family home. The courts are better suited to decide liability.
The complaint
X says the Council should pay his family damages for damage caused to X’s home by Y.
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 not enough evidence of fault to justify investigating; or any fault has not caused injustice to the person who complained; or we could not add to any previous investigation by the organisation; or we cannot achieve the outcome someone wants. (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)
How I considered this complaint
I considered information provided by X and the Council’s replies to X’s complaint.
I considered the Ombudsman’s Assessment Code.
My assessment
X is Y’s parent. Y has significant extra needs. In March 2021 Y had to leave their residential home as it closed suddenly. Y returned home with a package of support which included 50 hours of direct payments to the family.
In January 2022, the family moved into this Council’s area. The previous Council had found a new residential placement which the parents agreed to. However, the placement then changed the level of offer. Y’s behaviour declined and it became harder to find a placement. The family chose to use the 50 hours of direct payment support provided to help the family meanwhile, to pay for a family member to care for X in the family home. In November 2022 Y started at a new residential placement.
X says that during the period January 2022 until November 2022, X damaged the family car and the home. X says the family suffered significant stress and it was a challenging time. X complained to the Council.
At stage one of its children services complaints procedure in May 2023, the Council offered a package of £2600. X was unhappy with this. X also wanted damage to the family home compensated for. X said this amounted to £14000. X completed the Council’s children services complaints procedure in June 2024. It said the family should claim on their own insurance policy. Its package of remedy amounted to £4100.
Analysis It is not our role to award compensation, and we direct people to the courts where that is their primary goal. We do not usually investigate complaints where the claimed injustice wholly or mainly relates to such loss or damage, because such a dispute can be remedied through the courts or by the organisation’s insurers. Here given the causation is not clear, and the family chose to spend the direct payments on paying a family member to look after Y in the home, the Courts are a more appropriate forum to determine the extent of the fault and consequent damages.
Where a young person has missed education provision, we usually recommend a symbolic payment of £900 to £2400 per term. The Council’s offer of £4100 is within those guidelines for missed education.
Final decision
We will not investigate X’s complaint because it is reasonable and more appropriate for the Courts to decide if the Council should pay for damage for their home.
Investigator's decision on behalf of the Ombudsman