Summary: Miss X complained about the Council damaging tiles in her mother’s bathroom when it installed a shower seat. We propose not to investigate this complaint. Claims for damage to property are for the courts to consider, and it is reasonable for Miss X to apply to the court on her mother’s behalf.

The complaint

1. Miss X complained the Council damaged tiles in her mother’s bathroom when it installed a shower seat.

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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)

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How I considered this complaint

3. I considered the information Miss X provided when she complained, and correspondence between Miss X and the Council’s insurance department.
4. Miss X had an opportunity to comment on a draft of this decision.

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What I found

5. The Council agreed to install a shower seat in Miss X’s mother’s (Mrs Y’s) bathroom. It visited Mrs Y and tried to install the seat. However, it was not the correct size. The Council had to visit a second time to fit the correct seat.
6. Miss X told the Council it had damaged some of the bathroom tiles during these works. The Council replaced the tiles and regrouted the area. Miss X told it there were still some loose tiles and the Council had not left the bathroom in a satisfactory condition.
7. The Council’s insurance department considered Miss X’s claim, but refused it. Miss X complained to the Ombudsman.
8. This complaint is a negligence claim. The underlying issue is a matter for the courts. Only a court can decide whether the Council should have dealt with the problem differently to avoid harm to Mrs Y’s property, whether Mrs Y or Miss X should have taken any steps to avoid the harm and whether the Council is liable to pay any damages. The Ombudsman does not have the same power as the courts in this respect, and it is reasonable to expect Miss X to take legal action on Mrs Y’s behalf with her consent.

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Final decision

9. The Ombudsman will not investigate this complaint. This is because it is a matter for the courts.

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Investigator's decision on behalf of the Ombudsman