Summary: We will not investigate this complaint about damage to property allegedly caused by the Council’s contractor. This is because it is reasonable for the complainant to use the legal remedy available to them.

The complaint

1. The complainant, whom I shall refer to as Mr X, complained a council contractor damaged his wall while using a hedge trimmer. Mr X wanted the Council to accept liability.

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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 effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

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

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My assessment

5. The issue at the heart of Mr X’s complaint is that negligence by the Council’s contractor led to damage to his property. Claims for damage from negligence are a matter for the Council’s insurers and ultimately, the courts. If the Council refuses a formal claim from Mr X for damages, then he can make claim in court.
6. The claims process is relatively straightforward and is not expensive. The court can decide if the Council or its contractor are liable. The court can decide what damages, if any, should be paid to Mr X, and which party should pay the damages. These are not decisions the Ombudsman can take and there is no reason Mr X should not use the legal remedy available to him. We will not therefore investigate.

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Final decision

7. We will not investigate Mr X’s complaint because it is reasonable for Mr X to use the legal remedy which is available to him.

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Investigator's decision on behalf of the Ombudsman