Stafford Borough Council (19 017 989)
Category : Adult care services > Disabled facilities grants
Decision : Closed after initial enquiries
Decision date : 11 Mar 2020
The Ombudsman's final decision:
Summary: The Ombudsman will not investigate Mr B’s complaint about the damage to his property. This is because it is not unreasonable to expect him to go to court to seek a remedy if the matter remains unresolved.
The complaint
- The complainant, whom I shall call Mr B, complained that the Council has failed to ensure damage to his property caused by contractors working on adaptations to the property next door was put right at the end of the construction period. Mr B told us there has been significant damage to his home and driveway.
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)
- We investigate complaints about councils and certain other bodies. Where an individual, organisation or private company is providing services on behalf of a council, we can investigate complaints about the actions of these providers. (Local Government Act 1974, section 25(7), as amended)
How I considered this complaint
- I have considered the information Mr B provided and given him an opportunity to comment on my draft decision.
What I found
- Mr B has complained about damage to his property which he says was caused when adaptations were carried out by an Agency to the property next door. Mr B told us the organisations involved said the damage would be repaired after the work was finished. But two months elapsed after completion without Mr B receiving an apology or rectification of the damage. Mr B says he has plenty of evidence of the contractor’s bad practices and incompetence.
- It is not unreasonable to expect Mr B to go to court to seek a remedy for the damage he believes he has suffered. The question of whether the Council, or bodies providing services on its behalf, are liable for the damage Mr B has described is a legal matter. Mr B may be able to pursue the matter through his own insurers. If it remains unresolved, it is not unreasonable to expect him to pursue a remedy through the courts. That is because a court is the appropriate body to decide contested questions of law, whether damages must be paid and to enforce any award of damages.
Final decision
- The Ombudsman will not investigate this complaint. This is because it is not unreasonable to expect the complainant to go to court to seek a remedy if the matter remains unresolved.
Investigator’s final decision on behalf of the Ombudsman
Investigator's decision on behalf of the Ombudsman