The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about damage caused to his wall. This is because it is reasonable for Mr X to go to court.
The complaint
In summary, Mr X complains about the Council damaging his garden wall and failing to remedy the damage.
Mr X says that, while the Council has been carrying out investigative works, it has removed part of the wall leaving his garden open. Mr X says the Council has failed to confirm when the works will be completed.
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 the information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X would like the Council to repair the wall, so his property is secure. He would also like an apology and compensation.
We will not investigate this complaint. The role of the Ombudsman is to consider complaints of administrative fault. We cannot decide liability in complaints about damage to property, only the courts can do this.
Because the Ombudsman cannot determine claims for damages, and because the Ombudsman cannot enforce requests for compensation and remedial repairs, it is reasonable for Mr X to go to court.
Final decision
We will not investigate Mr X’s complaint because it is reasonable for him to go to court.
Investigator's decision on behalf of the Ombudsman