Summary: We will not investigate Mrs X’s complaint about damage caused to her property. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. As Mrs X believes the Council is liable for the damage caused to her property, it is reasonable for her to take the Council to court.

The complaint

1. Mrs X complains the Council ignored her concerns about the risk of pipes bursting in her friend’s property while her friend was in a care home. She says the pipes burst and caused a lot of damage.
2. Subsequently, Mrs X was bequeathed the property in her friend’s will. Mrs X would like the Council to carry out the remedial work.

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The Ombudsman’s role and powers

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

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My assessment

6. In its complaint’s response to Mrs X, the Council says it has acted appropriately.
7. We will not investigate. Any dispute about whether the Council is liable for damage would initially be a matter for the Council’s insurers to consider. If the Council does not accept liability, Mrs X can pursue a claim through the courts. Only the court can decide whether a person or organisation is liable for damage to property and whether they should pay damages.

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Final decision

8. We will not investigate. As Mrs X considers the Council is liable for damage to her property, it is reasonable for her to pursue this in court.

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Investigator's decision on behalf of the Ombudsman