Summary: We will not investigate Ms B’s complaint that the Council has damaged her home. This is because it is reasonable for her to take the Council to court.

The complaint

1. Ms B complains her home has been damaged because of work done by the Council’s pest control service. Ms B complains the Council has wrongly not taken responsibility for the damage.

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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 Act 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)

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How I considered this complaint

4. I considered information provided by Ms B.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. We take the view complaints about property damage are best decided by an organisation’s insurers, and if needed, the courts. This is because such complaints are ultimately about whether an organisation has been negligent. Only the courts can decide whether an organisation has been negligent. Also, unlike us, the courts can order a party to pay damages.
7. The Council’s insurers have considered Ms B’s claim for the damage to her home. Ms B may pursue her claim by taking the Council to court. I find it is reasonable for Ms B to do this, either directly or via her home insurer.
8. So, we will not investigate this complaint.

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Final decision

9. We will not investigate Ms B’s complaint because it is reasonable for her to take the Council to court.

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Investigator's decision on behalf of the Ombudsman