Birmingham City Council (20 006 050)
The Ombudsman's final decision:
Summary: The Ombudsman will not investigate Mr X’s claim for compensation for damage to his property which he says was caused by delay in the Council carrying out repairs to a water leak in his building. This is because it is reasonable to expect Mr X to take court action for the compensation he seeks.
The complaint
- Mr X complains the Council will not compensate him for damage to his property caused by a water leak. Mr X says the Council was responsible for repairing the leak but delayed in doing so.
The Ombudsman’s role and powers
- 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)
How I considered this complaint
- I have considered what Mr X said in his complaint and I have sent him my draft findings on it for his comments. Mr X made no further comment.
What I found
- Mr X complains the Council will not compensate him for damage to his property caused by a water leak. Mr X says the Council was responsible for repairing the leak but delayed in doing so.
Analysis
- We cannot determine if the Council is legally liable for the damage at Mr X’s property or if compensation should be paid. Only the courts can do this and there is a low-cost procedure open to anyone to make a money claim in the courts. Mr X could also consider using a ‘no win no fee’ solicitor.
- For these reasons, it is reasonable to expect Mr X to seek compensation in the courts and so we will not investigate.
Final decision
- My decision is that the Ombudsman will not investigate this complaint. The complaint is outside the Ombudsman’s legal remit as it is reasonable to expect Mr X to use an alternative remedy for the compensation he seeks ie to take court action.
Investigator's decision on behalf of the Ombudsman