Summary: We will not investigate this complaint about anti-social behaviour and property damage caused by a neighbouring property. It is reasonable for Mrs X to seek damages through insurers and the courts. She has not otherwise suffered significant personal injustice, and an investigation is unlikely to lead to a different outcome.

The complaint

1. Mrs X complains about how the Council has responded to her reports of anti-social behaviour and a leak coming from a neighbouring property, both of which are affecting the property she rents out. Mrs X says she has suffered financially repairing damage, and her tenant ha been left in unsafe living conditions.
2. Mrs X wants the Council to take enforcement action against the neighbour, and to compensate her repair expenses.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. The Act 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. Negligence claims and interpreting the law around civil liability are generally best decided by a court where the Council does not accept insurance liability. Only a court can decide whether the problem should have been dealt with by the Council before it caused damage to a person’s property, or if it is liable to pay damages for a person’s loss.
6. 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:

• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement, or
• further investigation would not lead to a different outcome.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

7. I considered information provided by the complainant and the Council.
8. I considered the Ombudsman’s Assessment Code.

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My assessment

9. Mrs X says the Council’s actions have caused damage to her property, which she has spent money repairing. The Council has advised Mrs X on how to make an insurance claim for the damage. We cannot determine legal liability for damages or negligence. It would be reasonable for Mrs X to make an insurance claim and, if the Council denies liability, to seek a decision from the courts. Furthermore, unlike the courts, we have no power to enforce an award of damages. So, we will not investigate this part of Mrs X’s complaint.
10. We will not investigate Ms X’s complaint because there is not enough evidence Mrs X has suffered a significant injustice. Our role is to consider complaints where the person bringing the complaint has suffered significant personal injustice as a direct result of the actions or inactions of the organisation. This means we will normally only investigate a complaint where the complainant has suffered serious loss, harm, or distress as a direct result of faults or failures.
11. Mrs X has complained to the Council about anti-social behaviour from the neighbouring property, which she says is negatively affecting her tenant. As Mrs X does not live at the property, she has not personally suffered significant injustice from the neighbour’s actions. I recognise Mrs X spent time and trouble raising her concerns to the Council. However, I do not consider there has been significant enough personal injustice to warrant the Ombudsman devoting time and public money to investigation.
12. The Council has investigated Mrs X’s reports and has taken what it considers reasonable action. The Council has also advised the tenant on how to report anti-social behaviour but says it has received no reports from the tenant. An investigation by the Ombudsman now is unlikely to lead to a different outcome. The tenant can complete the Council’s complaints procedure and complain to the Ombudsman if they remain unhappy.

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Final decision

13. We will not investigate Mrs X’s complaint because it is reasonable for her to seek damages through insurance and the courts. In addition, she has not suffered significant personal injustice, and an investigation is unlikely to lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman