Summary: We will not investigate Mr X’s complaint about the Council’s refusal to carry out additional works to fix drainage problems which he says have been caused by works completed under a Disabled Facilities Grant. The courts are better placed to consider his complaint and we could not achieve the outcome he wants.

The complaint

1. Mr X complains the Council will not carry out works to fix issues with an extension built at his property under a Disabled Facilities Grant (DFG). He says there are problems with drainage which could cause damage to his property if they are not resolved.

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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)
3. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide:

• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complaint.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

6. Mr X complained that works done to his home under a Disabled Facilities Grant (DFG) were not completed to an acceptable standard. He said the drainage was inadequate and rainwater was damaging his home. He wanted the Council to install more drains.
7. The Council responded to say its building control service had inspected and signed off the works carried out under the Disabled Facilities Grant as complete. It had also carried out further works to address the issue of pooling rainwater. It said it had inspected the works and confirmed the drainage was working as it should be. It did not uphold his complaint and said it would not install additional drains.
8. We will not investigate this complaint as we could not achieve the outcome Mr X wants. This is because Mr X’s complaint appears to be that he considers the Council to be negligent by not completing the works to an acceptable standard. We cannot make findings on claims of negligence and liability, and we cannot order the Council to carry out additional building works. These are legal matters only insurers or the courts can decide. If Mr X considers the Council negligent or liable for damage to his property, it is reasonable for Mr X to make a claim on the Council’s insurance and, if needed, pursue the claim at court.

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Final decision

9. We will not investigate Mr X’s complaint because if he considers the Council negligent or liable for any damage to his property, it is reasonable for him to take the matter to court.

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Investigator's decision on behalf of the Ombudsman