Summary: We will not investigate Mr X’s complaint the Council will not financially compensate him after adaptations it completed to his bathroom caused a leak. As the Council has not accepted liability for the damage, the court is the appropriate body to resolve the dispute.

The complaint

1. Mr X complained about bathroom adaptations the Council completed to his home. He said the Council installed a wet room which he did not agree on. He said the completed work resulted in a leak in the bathroom. He said the Council had not accepted responsibility for the leak or the damage caused to his home. He said the Council delayed in completing necessary repairs. Mr X wants the Council to compensate him for distress caused and the Council’s failure to repair the bathroom when he first reported the leak.

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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)

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How I considered this complaint

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

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My assessment

6. We will not investigate Mr X’s complaint about the Council. Although the Council has reinstated the original bathroom, it has stated the adaptations it completed did not cause the leak. It said the leak was due to the structure of the property which was a matter for Mr X’s landlord.
7. Mr X’s complaint is an allegation of negligence against the Council and its contractor. Claims of negligence and liability for damages are legal matters which only the insurers and courts can decide. We cannot say the Council is responsible for the leak and therefore liable for any damage caused to Mr X’s property. If Mr X wants compensation for the distress caused by the leak and any delays in the Council completing repairs, he would need to pursue a claim against the Council or its contractors insurance. If this is rejected this would mean the legal issues he raises could only be determined by a court.

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Final decision

8. We will not investigate Mr X’s complaint because it is reasonable for Mr X to pursue this matter through the court.

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Investigator's decision on behalf of the Ombudsman