Summary: We will not investigate this complaint that water in a garage the complainant rents from the Council damaged his belongings. This is because claims for damages need to be dealt with through insurers or the courts.

The complaint

1. The complainant, whom I refer to as Mr X, says water that condensed in his garage, caused thousands of pounds of damage to his belongings. Mr X rents the garage from the Council. Mr X wants compensation.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if we believe there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended)
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)
4. Insurers, or the courts, assess claims for damage.

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How I considered this complaint

5. I read the complaint and the Council’s responses. I invited Mr X to comment on a draft of this decision.

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What I found

What happened

6. Mr X rents a garage from the Council. The Council fitted a new roof to the garage in April 2019. In late 2019 Mr X reported to the Council that water was collecting on the ceiling and damaging his belongings. Mr X confirmed the problem happened during dry weather, not just when it rained.
7. The Council inspected the garage and found no defects with the roof. The Council rejected Mr X’s claim because was there no problem with the roof and ventilation is provided via the doors which are not air tight. It said garages are prone to condensation during the colder months. The Council said Mr X could get legal advice or complain to the contractor who installed the new roof. The Council declined to pay compensation.

Assessment

8. I will not start an investigation because this is a matter for the courts. We do not act as an appeal body and do not determine claims for damages or make decisions about liability and negligence. It would be for the courts to decide if the Council has been negligent in the maintenance of the garage and whether it should compensate Mr X for the damage to his belongings. Only the courts have the necessary expertise to determine liability and, if a court decides a council has been negligent, to decide what should be paid in damages.
9. Alternatively, Mr X could claim on any insurance he holds or complain to the firm that installed the new roof if he does not think the work was done properly.

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Final decision

10. I will not start an investigation because claims for damage need to be determined in court or though insurers.

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Investigator's decision on behalf of the Ombudsman