The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s refusal to reimburse the complainant’s legal costs. This is because it is reasonable to expect Mr Y to take the matter to court who are better placed to consider the complaint.
The complaint
Mr X complains the Council refuses to refund him for work he says he had to have carried out on the Council’s instructions.
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 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 Mr X and the Council.
I considered the Ombudsman’s Assessment Code.
Final decision
We will not investigate Mr X’s complaint which amounts to a legal liability dispute between him and the Council which we cannot resolve. We cannot decide the Council bears responsibility for the extra costs he incurred in his project to extend his home. Only an insurer or the courts can determine questions of legal liability for property damage. The Council’s insurer has refused his claim. It is not unreasonable for Mr X to take this issue to court because it is the only body which has the standing and authority to decide whether the Council is legally liable for the costs Mr X describes.
Investigator's decision on behalf of the Ombudsman