The Ombudsman's final decision
Summary: We will not investigate Mrs X’s complaint about the Council’s liability for damage to her driveway. This is because Mrs X has a legal remedy to pursue the matter through the courts, and it would be reasonable for her to do so
The complaint
Mrs X complains that a Council has caused damage to her driveway and her claim for compensation has been rejected.
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 the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
I will not investigate Mrs X’s complaint because it relates to a dispute over liability for damage to her property. It is reasonable to expect Mrs X to take the matter to court to determine liability. We cannot determine liability and award compensation, only a court can.
Final decision
We will not investigate Mrs X’s complaint because it is reasonable for her to pursue the matter through the courts.
Investigator's decision on behalf of the Ombudsman