The Ombudsman's final decision
Summary: We will not investigate Mrs X’s complaint about damage caused to her shower. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. As Mrs X believes the Council is ultimately liable for the damage caused to her property, it is reasonable for her to take the Council to court.
The complaint
Mrs X complains the Council has failed to take responsibility for a carer breaking her shower door. She has provided estimates and sent in labour costs but has had no response.
She says the Council has told her it is not responsible although it was responsible for funding the care being provided in her home.
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
Where a council arranges or commissions care services from a provider, we treat the provider’s actions as if they were council actions.
We will not investigate. Any dispute about whether the Council is liable for damage would initially be a matter for the Council’s insurers to consider. If the Council does not accept liability, Mrs X can pursue a claim through the courts. Only the court can decide whether a person or organisation is liable for damage to property and whether they should pay damages.
Final decision
We will not investigate. As Mrs X considers the Council is liable for damage to her property, it is reasonable for her to pursue this in court.
Investigator's decision on behalf of the Ombudsman