Summary: We will not investigate Mr X’s complaint the Council’s failure to resolve a leak in a neighbouring Council property caused damage to his property. This is because Mr X can take this matter to court and it is reasonable to expect him to do so.

The complaint

1. Mr X complains the Council failed to resolve a leak from a neighbouring Council property, which caused his garage to flood and damaged his property. He says the leak has caused damage to his property for over a year. Mr X complains the Council has visited his property several times, but it failed to resolve the issue meaning he has gone to time and trouble chasing the Council.

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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)

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How I considered this complaint

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

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My assessment

6. In response to Mr X’s complaint, the Council said he could make a claim for damages. It sent him a copy of its claim form and the relevant team’s contact details.
7. Negligence claims and interpreting the law around civil liability are generally best decided by a court if the Council does not accept insurance liability. Only a court can decide whether the problem should have been dealt with by the Council before it caused damage to a person’s property, or if it is liable to pay damages for a person’s loss.  
8. So, I consider it reasonable to expect Mr X to follow this process, first by making a claim with Council’s insurers and then taking the matter to court if the Council disputes liability.
9. It is not a proportionate use of our resources to investigate the Council’s handling of Mr X’s complaint and reports of leaks alone when we are not investigating the substantive matters. Any separable injustice is not significant enough to justify our further involvement. So, we will not investigate this matter as a standalone issue.

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Final decision

10. We will not investigate Mr X’s complaint the Council failed to resolve a leak in a neighbouring Council property causing damage to his property. This is because Mr X can take this matter to court and it is reasonable to expect him to do so.

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Investigator's decision on behalf of the Ombudsman