Summary: We will not investigate this complaint about damage to Miss X’s roof tiles caused by a lighting column swaying in a storm. It is reasonable for her to seek a remedy by submitting a claim to the Council’s insurers and, if no liability is accepted, to the courts.

The complaint

1. Miss X complained about the damage caused to her roof by a lighting column which was swaying in a storm and dislodged her roof tiles. She says she had to pay an excess on her insurance to have the damage repaired and wants the Council to compensate her for this.

Back to top

The Ombudsman’s role and powers

2. 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)

Back to top

How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

5. Miss X complained about the Council’s response to her complaint about a lighting column which caused damage to her home during a storm. She says the column was placed too close to her home which allowed it to cause the damage. She submitted a claim to her insurers, and this involved having to pay an excess for the claim.
6. She made a complaint about the proximity of the column and the Council responded by agreeing to move it. She has not yet submitted an insurance claim against the Council for her losses.
7. The Ombudsman 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.
8. If the Council refuses to accept liability for the damages, then it is reasonable for Miss X to seek a remedy in the small claims court which is the body which deals with civil claims for negligence.

Back to top

Final decision

9. We will not investigate this complaint about damage to Miss X’s roof tiles caused by a lighting column swaying in a storm. It is reasonable for her to seek a remedy by submitting a claim to the Council’s insurers and, if no liability is accepted, to the courts.

Back to top

Investigator's decision on behalf of the Ombudsman