Summary: We will not investigate this complaint about damage caused to Mr X’s heating system after works carried out by a contractor. This is because it concerns a claim about damage to property and this is a civil matter for which it is reasonable for him to seek a remedy in the courts.

The complaint

1. Mr X complained that his heating system was broken after works were carried out by Council’s sub-contractor. Mr X said this caused him distress.

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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 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 there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
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. Mr X’s complaint is that the Council should repair damage to his heating system after works carried out by its sub-contractor.
7. The Council has already considered the matter and denied any liability.
8. The legislation from which the Ombudsman takes their power also places some restrictions on what we may investigate. One of these concerns negligence claims about damage to property, such as that Mr X has described. We cannot determine liability claims for negligence. These are legal claims which may only be determined by insurers or the courts.
9. We cannot decide liability or award damages. Consequently, any claim for damages, such as costs for repairs, which Mr X considers the Council to be responsible for, are matters more appropriately dealt with by the courts. We will not investigate this complaint.

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Final decision

10. We will not investigate this complaint. This is because it concerns a claim about damage to property and this is a civil matter for which it is reasonable for Mr X to seek a remedy in the courts.

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Investigator's decision on behalf of the Ombudsman