Summary: We will not investigate Mr X’s complaint about the Council’s decision to refuse his claim for damages after he said his property was damaged by work the Council completed on a neighbouring property. This is because this is a complaint about negligence which is a legal matter for the courts to consider and decide.

The complaint

1. Mr X complains about the Council’s decision to refuse his claim for damages. He says his house was damaged by work the Council carried out on a neighbouring property. Mr X says he provided evidence to show the Council caused the damage due to its negligence but the Council has not considered this in reaching its decision and has not handled his claim fairly.

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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 do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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)

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How I considered this complaint

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr X submitted a claim for damages to the Council, as set out in paragraph one, above.
8. The Council has refused Mr X’s claim. It suggested Mr X could contact his insurers or seek legal advice on the matter. It told Mr X it would consider any further evidence he wants to provide in support of his claim
9. 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 consider and decide. We cannot decide a negligence claim. Deciding whether an organisation has been negligent usually involves looking rigorously, and in a structured way at evidence as only the court can to make its findings. Only a court can decide if an organisation has been negligent and so should pay any damages sought. We cannot recommend actions or payments that ‘punish’ the Council. We cannot decide whether the Council has been negligent and we have no powers to enforce an award of damages. It is reasonable to expect Mr X to use his right to seek a remedy in the courts, either directly or through his insurers.

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Final decision

10. We will not investigate Mr X’s complaint because it is about negligence which is a legal matter for the courts to consider and decide.

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Investigator's decision on behalf of the Ombudsman