Summary: We will not investigate Mr X’s complaint about damage caused to his driveway during adaptation works. This is because this is a complaint about negligence which is a legal matter for the courts to consider and decide. We cannot decide a negligence claim.

The complaint

1. Mr X complains his driveway has been damaged by builders carrying out adaptation works to his home via a Disabled Facilities Grant.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
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 provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr X complained to the Council that his driveway was damaged by builders during adaptation works to his home carried out via a Disabled Facilities Grant.
8. The builders denied responsibility for any sinkage to the driveway, but offered to clean and regrout it where needed. It also offered to lift the existing block paving and re-lay it, as a gesture of goodwill. Mr X declined the offer as he wanted a driveway specialist to renew the whole driveway.
9. The Council does not consider the whole driveway needs to be replaced. It says the works already offered are suitable and provide more than what is required. It does not accept responsibility for replacing the driveway. It offered to professionally clean the driveway and then inspect it again to assess the condition further. Mr X has not accepted this offer.
10. Mr X says the Council has not provided its insurer’s details so that he can make a claim. The Council publishes the relevant information on how to submit an insurance claim on its website. I have provided Mr X with a link to this information.
11. We will not investigate Mr X’s complaint. This is because it is about negligence which is a legal matter for the courts to consider and decide should the Council deny liability. We cannot decide a negligence claim. Deciding whether an organisation has been negligent usually involves looking rigorously, and in a structured way at evidence as only the courts can, to make its findings. Also, we have no powers to recommend or enforce any award of damages.
12. We cannot decide whether the Council was negligent and we would expect someone in Mr X’s position to seek a remedy in the courts either directly or via his insurers.

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Final decision

13. We will not investigate Mr X’s complaint because it is about negligence which is a legal matter for the courts to consider and decide.

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Investigator's decision on behalf of the Ombudsman