Summary: We will not investigate Mr X’s complaint about the Council causing damage to his property. This is because there is another body better placed to consider his complaint and so we cannot achieve the outcome he wants.

The complaint

1. Mr X complained the Council damaged his property whilst it was unblocking his next-door neighbour’s drain. He said as a result, the hatch has been left unsealed releasing an unpleasant smell and presenting a trip hazard. He wants the Council to fix the damage.

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The Ombudsman’s role and powers

2. 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 another body better placed to consider this complaint, or
• we cannot achieve the outcome someone wants.

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

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How I considered this complaint

3. I considered information provided by Mr X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. We will not investigate Mr X’s complaint as we would not be able to establish whether the Council damaged Mr X’s property. Such matters can only be decided by insurers or the courts. We therefore would not be able to achieve the outcome Mr X wants. It would be reasonable for Mr X to submit a claim via the Council’s insurers.

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Final decision

6. We will not investigate Mr X’s complaint because there is another body better placed to consider his complaint and so we cannot achieve the outcome he wants.

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Investigator's decision on behalf of the Ombudsman