Summary: We will not investigate this complaint about the Council denying Ms X’s insurance claim for property damage because it is reasonable for Ms X to go to court.

The complaint

1. Ms X complains about the actions of the Council following flooding at her property, which she says was caused by a defective council-owned pipe serving neighbouring council properties.
2. Ms X says the flooding damaged her garden and garden wall, caused her significant distress and inconvenience, and that the Council failed to respond appropriately when notified of the issue.

Back to top

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 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

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

7. We will not investigate. This is because, following the insurer's refusal of Ms X’s insurance claim, it would be reasonable for her to go to court to decide the Council’s liability for the alleged damage to her property.
8. The Ombudsman cannot determine disputed questions of legal liability for property damage in the same way a court can. Nor can we compel the Council to pay compensation or carry out remedial repairs.
9. It is not a proportionate use of our resources to investigate the Council’s complaint/claim handling when we are not investigating the core complaint.

Back to top

Final decision

10. We will not investigate this complaint because it is reasonable for Ms X to go to court.

Back to top

Investigator's decision on behalf of the Ombudsman