The Ombudsman's final decision
Summary: We will not investigate this claim for reimbursement. 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, Mrs X complains about having to arrange the draining of a blocked rainwater gully which was causing flooding to her property. Mrs X says it cost £660 to have the gully drained. She would like the Council to reimburse her.
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 has denied liability for the costs incurred by Mrs X. We will not investigate because the matter of liability for costs incurred is usually decided in the courts. It is reasonable for Mrs X to take the matter to the small claims court. The court is best placed to decide if the Council is liable for Mrs X’s claim.
Final decision
I will not investigate. This is because it is reasonable to expect Mrs X to go to court to decide the Council’s liability for her claim.
Investigator's decision on behalf of the Ombudsman