Bournemouth, Christchurch and Poole Council (22 017 140)
Category : Environment and regulation > Other
Decision : Closed after initial enquiries
Decision date : 30 Mar 2023
The Ombudsman's final decision:
Summary: We will not investigate Mr X’s complaint about the Council causing damage to his property. This is because this is a complaint about negligence which is a legal matter for the courts to consider and decide.
The complaint
- The complainant, whom I shall call Mr X, complains his guttering was damaged by the Council when it was carrying out work alongside his property.
The Ombudsman’s role and powers
- 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)
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- 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)
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X complained the Council damaged some of his guttering when it was cutting grass and brambles alongside his property.
- The Council has considered Mr X’s claim. It denies liability.
- Mr X would like the Council to pay towards the cost of replacing the damaged parts.
Final decision
- We will not investigate Mr X’s complaint. This is because this is a complaint about negligence which is a legal matter for the courts to decide. The Ombudsman cannot decide a negligence claim. Only the courts can decide if the Council caused the damage to Mr X’s property due to negligence and, if so, whether it should award any damages Mr X seeks. It is reasonable to expect Mr X to use his right to make a claim for damages in the courts.
Investigator's decision on behalf of the Ombudsman