Summary: We will not investigate Mr X’s complaint about a wet room installed in his rental property in 2014. It is a claim of Council negligence and liability for property damage. These are legal issues only a court can decide, if the Council’s or contractor’s insurers have denied liability or do so in future. It would not be unreasonable for Mr X to take his claim to court to pursue the legal findings and financial outcome he seeks.

The complaint

1. Mr X owns a property which he rents out. As part of a Disabled Facilities Grant (DFG) process in 2014, the Council’s contractor installed a wet room. Mr X complains the Council incorrectly installed the wet room.
2. Mr X says the way the wet room was installed has caused £2,000 of damage to his property, requiring its entire removal and reinstatement of the floor. He wants the Council to meet the additional costs to fix the wet room caused by the way the contractor installed it.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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)

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How I considered this complaint

5. I considered information from Mr X, and the Ombudsman’s Assessment Code.

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My assessment

6. Mr X says the Council’s contractor used incorrect materials when fitting the wet room in 2014. He says he would understand a repair being required now to the waterproof floor lining. But he says the full wet room needs to be replaced and the floor reinstated. He considers this is because of the Council’s contractor’s ‘poor installation’. The Council says the wet room was guaranteed by the contractor for 12 months. After 12 months, maintenance of the wet room reverted to Mr X as the property’s owner.
7. Mr X’s complaint is an allegation of negligence against the Council and its contractor. He says the wet room work was not done correctly, damaging his property for which he believes the Council and its contractors should be held liable. Claims of negligence and liability for damages are legal matters. We cannot resolve this dispute between Mr X and the Council by deciding the negligence and liability issues the complaint raises. These are legal matters only insurers and the courts can decide.
8. Mr X may wish to pursue his claim with the Council’s or contractor’s insurers if he has not already done so. If Mr X has lodged an insurance claim and it has been rejected, or it is rejected in future, this would mean the legal issues raised here could only then be determined by a court. It would not be unreasonable for Mr X to pursue his claim at court because it is the only body which would be able to decide the liability and negligence issues. It would also not be unreasonable for him to go to court because he wants the Council or its contractor to be required to pay for damage to his property. We may only make recommendations to councils but courts can make binding and enforceable rulings.

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Final decision

9. We will not investigate Mr X’s complaint because:
• it is a claim of negligence and legal liability for property damage which only insurers or a court may determine; and
• if the insurers have rejected his claim, or do so in future, it would not be unreasonable for him to take his claims to court as it would be the only body which could make the legal findings and award the financial outcome he seeks.

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Investigator's decision on behalf of the Ombudsman