The Ombudsman's final decision
Summary: We will not investigate this complaint about damage caused to the complainant’s property. This is because the matter is better dealt with in court.
The complaint
Mr X has complained that his fence was damaged by the Council’s contractors when they removed a building at a neighbouring property.
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 Ombudsman’s Assessment Code.
My assessment
Mr X has complained the Council has not taken responsibility for damage to his property. However, we will not usually investigate complaints about property damage. Mr X can pursue any claim through the Council’s insurers and if necessary, in court. I consider it would be reasonable for Mr X to take the matter to court as the courts are better placed to decide if the Council has been negligent and if it is liable for any damage.
Final decision
We will not investigate Mr X’s complaint because it would be reasonable for him to take the matter to court.
Investigator's decision on behalf of the Ombudsman