Summary: We will not exercise discretion to investigate this complaint about damage to a complainant’s property caused by the Council’s negligence. This is because it is reasonable to expect the complainant to go to court to decide any Council liability.

The complaint

1. Miss X complains about significant water damage to her property caused by repairs needed to a neighbouring Council owned property. She would like the Council to respond to her urgently

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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. I also considered the Ombudsman’s Assessment Code.

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My assessment

5. I will not exercise discretion to investigate because the matter of liability for damages is usually between the Council’s insurers and the courts. If Miss X has already made an insurance claim and it has been rejected, it is reasonable for her to take the matter to court to protect her private property. The court can decide liability and if Mrs X is entitled to damages.
6. There is a simple procedure in the county court for dealing with small claims. Usually, solicitors are not required so the only costs will be the court fees.

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Investigator's decision on behalf of the Ombudsman