The Ombudsman's final decision
Summary: We will not investigate this complaint about liability for repairs to Mr X’s shared driveway. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. There is insufficient indication of fault by the Council plus Mr X can take the Council to court to determine any Council liability.
The complaint
Mr X complains about being forced to carry out put repairs that were the Council’s responsibility. He says he has been caused stress and his premium has increased. He would like the Council not to bully members of the public.
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 effect 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 the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended) We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), 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
Mr X complains he was not liable for repairs to a leak on a shared driveway. And he says the Council bullied him in to carrying out the works.
I have seen information showing the Council offered to send contractors to dig up the driveway and expose pipes to determine if the leak was on Mr X’s boundary. It also advised him that if he was found to be liable he would be invoiced the cost of the exploratory works. It asked Mr X to contact it to arrange.
We will not investigate as we are unlikely to find fault with the Council’s approach here. Further Mr X can take the Council to court to determine any Council liability.
Final decision
We will not investigate Mr X’s complaint because it does not meet the tests in our Assessment Code on how we decide which complaints to investigate. We are unlikely to find fault in the Council’s decisions making here plus it is reasonable to expect Mr X to take the Council to court to determine liability.
Investigator's decision on behalf of the Ombudsman