Summary: We will not investigate Mrs X’s complaint about plumbing work carried out at her property. This is because it does not meet the tests in our Assessment Code on how we decide which complaints to investigate. It is reasonable to expect Mrs X to go to court to determine the Care Agency’s liability.

The complaint

1. In summary, Mrs X complains, on behalf of her relative Mrs Y, about plumbing work carried out in Mrs Y’s home. Mrs X said the plumber was called arising from the carer’s actions in disposing of wipes in the toilet causing a blockage. Mrs X is seeking reimbursement for the plumber’s invoice amounting to £298.80.

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The Ombudsman’s role and powers

2. 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 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. I considered the Ombudsman’s Assessment Code.

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My assessment

5. We will not investigate because the matter of liability for damages is usually decided in the court. It would be reasonable for Mrs X to go to court, on behalf of Mrs Y, to determine the Care Agency’s liability.

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Investigator's decision on behalf of the Ombudsman