Summary: Miss X complained the Council and its contractor did not act on her report and resulting complaints about a contractor breaking a window at her home. We found fault by the Council because it did not keep sufficient oversight of this matter or reply to Miss X’s complaints. The Council has agreed to apologise to Miss X, make a symbolic payment and resolve the matter.

The complaint

1. Miss X complained about the Council, and its insurers, response after she made a complaint about a contractor breaking a window on her home. She states she been caused avoidable time and trouble and frustration in pursuing this matter.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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)
4. We investigate complaints about councils and certain other bodies. Where an individual, organisation or private company is providing services on behalf of a council, we can investigate complaints about the actions of these providers. (Local Government Act 1974, section 25(7), as amended)
5. 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 an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
6. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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What I have and have not investigated

7. We do not normally investigate complaints about damage to property. However, I have exercised discretion to investigate the Council’s handling of Miss X’s request, specifically the delays and lack of response from the Council and its contractor.
8. I have not investigated whether Miss X should be paid for the damage to her home. This is because complaints about damage to property are about whether an organisation has been negligent. We take the view insurers, and the courts are in the best position to decide whether an organisation has been negligent.

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How I considered this complaint

9. As part of my investigation, I have considered Miss X’s complaint and information she provided. I also considered information provided by the Council in response to our enquiries into the complaint.

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What I found

10. This policy explains how the Council will consider complaints made to it. The policy states it will acknowledge receipt of stage one complaints within three working days and send a response within 15 working days.
11. The policy says that complainants can escalate their complaint to stage two if they are not happy with the Council’s stage one response. The timescales for acknowledgement and response are the same as at stage one.

What happened

12. In September 2023 Miss X returned home to find her living room window broken. She checked her CCTV footage and found the window was broken by the Council’s grass cutting contractor, who had been mowing the grass outside her home.
13. Miss X contacted the Council the same day. It said someone would contact her. This did not happen. Miss X contacted the Council again and it told her to contact its contractor directly. It gave Miss X the general number for its contractor.
14. Miss X did not receive a reply and so she wrote to the Council. She included photographs of images from her CCTV. Miss X received an acknowledgement saying the Council would reply in five working days. This did not happen.
15. Unhappy Miss X made a stage one complaint. The Council acknowledged receipt of the complaint, but it did not send Miss X a response.
16. Meanwhile Miss X repaired the window at a cost of £240. She paid for the repair using a credit card.
17. Miss X escalated her complaint to stage two. Miss X received an acknowledgement, but the Council did not send a response to her complaint.
18. In November Miss X received a telephone call from the Council’s contractor saying it had visited her home, but nobody was in. Miss X did not know a visit was taking place and was at work. Miss X told the contractor that her CCTV automatically records over footage after 28 days but she had downloaded the relevant footage. She said she would be making a complaint to the Ombudsman.
19. The contractor called Miss X the following day and asked her to give it time to resolve the matter. Miss X agreed. She provided the contractor with details of the CCTV and proof of payment for the window repair. The contractor said it would send the information to its insurer.
20. Miss X was subsequently contacted by the insurer asking for the same information she had already provided.
21. In January 2024 Miss X contacted the contractor’s insurer about her claim and was told it had until February to consider the claim.
22. In June the Council’s contractor’s insurer told her it would pay her claim and asked her for details to do so. Miss X replied and provided the information required however she has not received the payment.
23. We made enquiries of the Council. It said the matter was the responsibility of its contractor and its insurer.

Finding

24. Miss X made a stage one and stage two complaint to the Council. It did not reply to either complaint. This is fault.
25. The Council has provided no evidence it has kept oversight of its contractor’s response to Miss X, after it referred the matter to them. When a council uses a contractor to provide a service on its behalf it has responsibility for the contractor. Therefore, it should have monitored this matter to ensure a timely response was provided to Miss X. It cannot simply say the matter is with its contractor, as in its response to our enquiries. This is fault by the Council. As a result, Miss X is still waiting for a resolution 11 months after the damage occurred.
26. As a result of the identified fault, Miss X has been caused frustration and been put to avoidable time and trouble in pursuing this matter. This is injustice.

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Agreed action

27. Within one month of my final decision the Council will:
• Apologise to Miss X in writing for the frustration and avoidable time and trouble caused to her;
• Make a payment of £200 to Miss X in recognition of the injustice caused to her; and;
• Liaise with its contractor to ensure Miss X receives payment of her claim from its insurers.
28. The Council should provide us with evidence it has complied with the above actions.

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Final decision

29. We found fault by the Council. It has agreed to take action to address the injustice caused and so, I have completed my investigation.

Investigator’s final decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman