The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s failure to assist with a claim to compensate Ms X for damage to her belongings and decorations following water leaks during insulation works to her home. It was reasonable for Ms X to make a claim against the Council and to seek a remedy in the courts if no liability was accepted.
The complaint
Ms X complained about the Council’s failure to assist her claiming compensation for damage to her property during insulation works carried out by sub-contractors carrying out government funded insulation works.
The Ombudsman’s role and powers
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 and the Council’s response.
I considered the Ombudsman’s Assessment Code.
My assessment
Ms X says contracts installed insulation which involved the removal of the existing flat roof at her home. She says rainwater got through the temporary tarpaulin provided during the works and this led to damage to her household goods and decorations. She complained to the Council.
The Council is a member of a consortium of 5 Suffolk Councils who are part of a project to provide warmer homes. Ms X’s Council is one of the members of the scheme but another Council, Suffolk County Council, is the procurement partner and it co-ordinated Ms X’s claim for compensation. Ms X was awarded £1,500 compensation from the contractor for the scheme.
Ms X remains dissatisfied with the Council’s failure to provide assistance with making her claim and is concern ed about future dampness which may arise from the leak. The Council told her that her claim was dealt with adequately by the other Council and the contractor and it could not have added more to the matter.
We will not investigate this complaint which concerns damage to private property due to negligence which Ms X claims was on the Council’s part.
The legislation from which the Ombudsman takes her powers also places some restrictions on what we may investigate. One of these concerns negligence claims about damage to property or personal injury.
We cannot determine liability claims for negligence. These are legal claims which may only be determined by insurers or the courts. It is normal procedure for persons suffering damages or personal injury caused by a council or its contractors to submit an insurance claim against the council. This will then be treated as a claim, rather than a complaint and passed on to its insurers or legal team for a response on liability.
Negligence claims and interpreting the law around legal torts are generally best decided by a court. Only a court can decide whether the problem should have been dealt with by the council before it caused harm or if the council is liable to pay “damages” for the loss or injury someone suffered.
Final decision
We will not investigate this complaint about the Council’s failure to assist with a claim to compensate Ms X for damage to her belongings and decorations following water leaks during insulation works to her home. It was reasonable for Ms X to make a claim against the Council and to seek a remedy in the courts if no liability was accepted.
Investigator's decision on behalf of the Ombudsman