Summary: The Ombudsman has stopped investigating Mr X’s complaint that the Council failed to issue an abatement notice when he reported a statutory nuisance. This is because Mr X has already sought a remedy in court for the injustice caused.

The complaint

1. Mr X complains the Council failed to issue an abatement notice when he told it about a leak from his neighbour’s property. Mr X says this leak was a statutory nuisance.
2. As a result, Mr X’s own property was damaged.

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The Ombudsman’s role and powers

3. We have the power to start or discontinue an investigation into a complaint within our jurisdiction. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been, raised within a court of law. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)

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How I considered this complaint

4. I spoke to Mr X about the complaint.
5. I made written enquiries of the Council and considered its response.
6. Mr X and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

7. Mr X is a Council tenant. His upstairs neighbour is an owner occupier of a leasehold flat, for which the Council holds the lease.
8. In August 2019, Mr X contacted the Council about a leak in his kitchen ceiling.
9. The leak continued and the damage to Mr X’s flat increased. Mr X had to move out of his home for several months while the Council repaired the damage to his flat. His possessions were damaged.
10. Mr X says the leak was a statutory nuisance. He says the Council should have served an abatement notice on his neighbour under the Environmental Protection Act 1990.
11. However, Mr X has started civil proceedings against the Council for damages. This relates to the Council’s repairs to his flat following the leak.
12. Where a complainant has sought a remedy in court, the law says the Ombudsman cannot investigate. This is the case even if the court proceedings may not or did not provide a remedy for all the injustice claimed.
13. The injustice to Mr X from the Council not serving an abatement notice is inextricably linked to the matters about which he has sought a remedy in court. Therefore, the Ombudsman should not continue to investigate this complaint.

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Final decision

14. I have stopped my investigation. Mr X has sought a remedy in court, so the Ombudsman should not investigate the matter.

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Investigator's decision on behalf of the Ombudsman