Summary: The Ombudsman should not investigate this complaint about damage to Mr and Mrs J’s property by the Council’s client. This is because the issue of liability is one which should be raised in court.

The complaint

1. Mr and Mrs J complain that a person placed by the Council caused significant damage to their property. They want the Council to pay for the costs of clean-up and repair.

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The Ombudsman’s role and powers

2. We have the power to start or discontinue an investigation into a complaint within our jurisdiction. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been, raised within a court of law. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)

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How I considered this complaint

3. I have considered the information provided with the complaint and discussed the complaint with Mr and Mrs J’s representative. I have given Mr and Mrs J the opportunity to comment on my draft decision and considered their comments.

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What I found

4. Mr and Mrs J own a property which they usually let out for holidays. A person, X, hired the property as temporary accommodation. The Council was involved in this, and Mr and Mrs J say two Council workers escorted X to the property at the start of the stay.
5. After a few days, Mr and Mrs J became concerned about X’s welfare. They called the Council officers. The emergency services were then involved in taking X away. X had caused significant damage to the property, which was not covered by Mr and Mrs J’s insurance.
6. Mr and Mrs J take the view that the Council should pay the costs of clean-up and repair, because of the Council’s involvement in X’s placement in the property. So Mr and Mrs J hold the Council liable for the damage X caused.
7. But the Ombudsman cannot decide issues of liability. This is a matter for the courts. So the Ombudsman should not investigate this complaint, because the issues could reasonably be raised within a court of law.

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Final decision

8. The Ombudsman should not investigate this complaint. This is because the issues could reasonably be raised within a court of law.

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Investigator's decision on behalf of the Ombudsman