The Ombudsman's final decision
Summary: We will not investigate this complaint that the Council should pay compensation for property damage and personal injury which occurred as a result of its handling of a land transfer. It is reasonable to expect the complainant to pursue a court remedy instead.
The complaint
Mr X complains the Council breached an undertaking relating to the transfer of land, which resulted in a neighbour damaging his property and causing associated harm to his family’s mental wellbeing. He says the Council should pay compensation to cover the cost of repairing the damage and reinstating the boundary, as well as compensation for the personal injury suffered.
The Ombudsman’s role and powers
We can 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. So, we do not start an investigation if we decide: we cannot achieve the outcome someone wants, or there is another body better placed to consider this complaint.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by Mr X, and the Ombudsman’s Assessment Code.
My assessment
We cannot determine liability claims for personal injury or damage to property, and nor can we award compensation or damages. These are legal claims which the courts are better placed to consider. The Ombudsman will therefore not investigate Mr X’s complaint as it is reasonable to expect him to pursue a court remedy instead.
Final decision
We will not investigate Mr X’s complaint because it is reasonable to expect him to seek a remedy in court.
Investigator's decision on behalf of the Ombudsman