The Ombudsman's final decision
Summary: We will not investigate Mr B’s complaint that his home has been damaged by highway works undertaken by the Council. This is because it is reasonable for Mr B to take the Council to court.
The complaint
Mr B complains about the Council’s handling of works to the highway which has resulted in damage to his home. Mr B would like the Council to take responsibility for the damage including paying for repairs and making sure similar issues do not arise in future.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
The Act 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 Mr B.
I considered the Ombudsman’s Assessment Code.
My assessment
We take the view complaints about property damage are best decided by an organisation’s insurers, and if needed, the courts. This is because such complaints are ultimately about whether an organisation has been negligent. Only the courts can decide whether an organisation has been negligent. Also, unlike us, the courts can order a party to pay damages.
Because of the seriousness of the issue Mr B complains about, I find it is reasonable for Mr B to take the Council to court, either directly or via his building insurer.
So, we will not investigate this complaint.
Final decision
We will not investigate Mr B’s complaint because it is reasonable for him to take the Council to court.
Investigator's decision on behalf of the Ombudsman