Summary: We will not investigate this complaint about how the Council handled Mr X’s insurance claim. It is reasonable for Mr X to refer the matter to the courts as a negligence claim.

The complaint

1. Mr X complained the Council has delayed responding to his claim relating to damage to his outbuilding which he says was caused by the Council’s negligence. He wants the Council to settle his claim so that he can have his outbuilding repaired or replaced.

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The Ombudsman’s role and powers

2. 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

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

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My assessment

5. We will not usually consider complaints about damage to property, as they are really negligence claims which the courts are best placed to deal with.
6. We expect councils to respond appropriately to any claims but would not normally investigate a complaint that they had not done so, as the underlying issue is a matter for the courts. It is open to Mr X to begin court action in the absence of a final response from the Council, and there is not a good reason for us to consider the matter instead.
7. Only a court can decide whether:
• the authority should have dealt with the problem before it caused the complainant harm;
• the complainant should have taken steps to avoid the harm;
• the Council is liable to pay damages for any loss or injury.

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Final decision

8. We will not investigate Mr X’s complaint because it is reasonable for him to refer the matter to court.

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Investigator's decision on behalf of the Ombudsman