Summary: We will not investigate most of Mr X’s complaint about damage caused to his property by Council contractors because it is reasonable to expect Mr X to take the matter to court to achieve the outcome he seeks. We will not investigate the Council’s complaint handling because the tests in our Assessment Code are not met.

The complaint

1. Mr X complained the Council:
1. failed to accept damage caused to his property by Council contracted workers;
2. erroneously directed Mr X to pursue a damage claim directly by the Council’s contractor; and
3. failed to progress his complaint through its complaints process.
2. Mr X said the matter caused him frustration and time and trouble.
3. Mr X wants the Council to reassess his claim and reimburse his costs.

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The Ombudsman’s role and powers

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).
5. 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)

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How I considered this complaint

6. I considered information provided by the complainant.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

Damage to property and liability

8. We will not investigate this complaint. The role of the Ombudsman is to consider complaints of administrative fault. We cannot decide liability in complaints about damage to property, only the courts can do this.
9. If Mr X believes the Council is responsible for the damage caused to his property, he can take the matter to court. It is reasonable to expect him to do so as it is the only way he can achieve the outcome he seeks.

Complaints handling

10. It is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue. Therefore, we will not investigate this complaint.

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Final decision

11. We will not investigate most of Mr X’s complaint because it is reasonable to expect him to take the matter to court. We will not investigate the remainder because the tests in our Assessment Code are not met.

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Investigator's decision on behalf of the Ombudsman