Summary: Ms X complains about the Council’s response to her concerns that works to the highway have damaged her home. We will not investigate the complaint because Ms X can make an insurance claim against the Council and challenge any refusal of liability in the courts.

The complaint

1. The complainant, who I refer to as Ms X, says the Council failed to respond to emails she sent earlier this year about vibrations and cracking to her property caused by road works. She is worried her house is being damaged and wants the Council to arrange for a chartered surveyor to inspect her property.

Back to top

The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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)

Back to top

How I considered this complaint

4. I considered information provided by Ms X and the Council.
5. I considered the Ombudsman’s Assessment Code.
6. I gave Ms X the opportunity to comment on my draft decision and considered what she said.

Back to top

What I found

7. Ms X says that since 2018 her property vibrates and has suffered from cracking as a result of road works completed for a new housing estate nearby.
8. She says she was told the vibrations would end once the estate had been completed and the road resurfaced. However, as this was not the case, she contacted the Council in March 2021 to complain about vibration and cracking to her property.
9. The Council carried out investigations and made visits to the site. It then wrote to Ms X to advise that its investigations had found some loose covers in the carriageway which would be replaced and monitored. It confirmed the road had been resurfaced in 2020 and an inspection had shown no concerns with it. With regards to Ms X’s concerns about possible vibrations and cracks within her property, it said it was satisfied from its investigations that these were not directly related to the works previously carried out and suggested she contact her building insurance company.

Back to top

My Assessment

10. The restriction highlighted at paragraph 3 of this statement applies to Ms X’s complaint. If she considers the Council is responsible for damage to her property she can make an insurance claim against it which, if unsuccessful, she can challenge through the courts.
11. As Ms X has this alternative remedy available which we would reasonably expect her to use, her complaint falls outside our jurisdiction and will not be pursued.

Back to top

Final decision

12. We will not investigate this complaint. This is because Ms X can make an insurance claim against the Council and challenge any refusal of liability in the courts.

Back to top

Investigator's decision on behalf of the Ombudsman