Summary: We will not investigate this complaint about the Council’s liability for damage to a property. There is a court remedy available which it is reasonable to expect Mr X to use, and there is not enough evidence of fault to justify us investigating.

The complaint

1. Mr X complained that his property was damaged by Council tenants.
2. Mr X said the Council should be liable for the damage and should ensure that the tenants do not cause damage in the future.
3. Mr X wants the Council to provide an engineer to assess the damage and pay for repairs.

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The Ombudsman’s role and powers

4. 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)
5. 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 we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

6. I considered information provided by Mr X.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. Mr X complained to the Council after his property was damaged. The Council said it was not liable as it had not been caused by its direct actions.
9. We will not investigate this part of Mr X’s complaint. We cannot determine liability, this is for the court, so it is reasonable to expect Mr X to pursue the legal remedy available to him.
10. Mr X also said the Council did not challenge its tenants properly about the damage.
11. When Mr X reported the issue to the Council, it visited his home and offered advice. It also visited the tenants to inspect the property and offer advice.
12. We will not investigate this part of Mr X’s complaint. As the Council responded to Mr X’s concerns, there is not enough evidence of fault to justify us investigating.

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Final decision

13. We will not investigate Mr X’s complaint because there is a court remedy that is reasonable for him to use, and there is not enough evidence of fault to justify us investigating.

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Investigator's decision on behalf of the Ombudsman