The Ombudsman's final decision
Summary: We will not investigate Mrs X’s complaint about property damage. The court is best placed to consider claims about damage to property.
The complaint
Mrs X says in 2018 the former Borough Council completed repair works on a neighbouring property that caused vibration damage to her property because the Council failed to secure it. She believes the Council produced an inaccurate structural report, ignored its engineer’s advice and pressured her into signing a one‑year guarantee. She says cracks reappeared before the guarantee expired, but the Council did not accept liability until 2021. She believes the Council lied, dismissed her concerns, mishandled the issue, and failed in its duty of care. She wants proper long‑term repairs and compensation for the distress and poor handling.
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
We will not investigate Mrs X’s complaint. We cannot determine claims about damage to property or negligence as these are legal matters that can only be determined by the courts. If Mrs X believes the Council is liable, it is reasonable for her to submit an insurance claim. If the Council denies liability, she may pursue a remedy through the courts.
Final decision
We will not investigate Mrs X’s complaint because the court is best placed to consider claims about damage to property.
Investigator's decision on behalf of the Ombudsman