Summary: We will not investigate this complaint about emergency repair work carried out by the Council, which the complainant says caused damage to his property. This is because it would be reasonable for the complainant to seek a remedy through the courts if he believes the Council are liable for the damage. We will not investigate other matters which have not first been through a council’s internal complaints process.

The complaint

1. The complainant, who I will call Mr X, complains about work carried out to repair a collapsed culvert outside his home. He says the work has caused structural damage to his property and damaged his drive. He also complains about the inconvenience that the work has caused.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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)
4. The law says we cannot normally investigate a complaint unless we are satisfied the council knows about the complaint and has had an opportunity to investigate and reply. (Local Government Act 1974, section 26(5))

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How I considered this complaint

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. I will not investigate Mr X’s complaint that the Council are liable for damage to his home.  Only a court can decide if a council is liable for the damage and what compensation must be paid. We cannot determine such legal matters and have no powers to enforce an award of damages. It is therefore reasonable to expect Mr X to pursue a court remedy if the Council does not accept liability for the damage.
8. I will not investigate Mr X’s complaint that the works have caused him an inconvenience. This is because the Council has not had the opportunity to fully consider the complaint through its complaints process. The Council did provide Mr X with a response to his complaint and invited him to escalate the matter to the final stage of its complaints process. However, he did not and the complaint was closed.

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Final decision

9. We will not investigate Mr X’s complaint because it is reasonable to expect him to seek a court remedy for any damage to his property and because the Council has not had an opportunity to fully consider other elements of his complaint through its complaints process.

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Investigator's decision on behalf of the Ombudsman