Summary: We will not investigate this complaint about the Council’s liability for damage caused by flooding following heating installation improvement work. It is reasonable for Mr X to seek a remedy from insurers or the courts if no liability is accepted.

The complaint

1. Mr X complained about the Council’s failure to provide him with details of its contractual involvement following damage to his flooring when a heating system installed by a contractor leaked. He says he is pursuing legal action against the contractor but wants the Council to disclose its involvement in the contract.

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The Ombudsman’s role and powers

2. 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

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X says he had a heating system installed which subsequently leaked and caused damage to his flooring. The system was installed by a contractor with whom he had an agreement for the works. The funding was provided by the Council in the form of a grant using money allocated from a Government Department for Business, Energy and Industrial Strategy (BEIS) scheme.
6. Mr X claimed on his household insurance and commenced legal action against the contractor to recover his losses through negligence. He asked the Council for details about its involvement in the contract. The Council told him that it only provided the grant funding for the work and was not responsible for the work or their supervision. It is adamant that the contract was between Mr X and the contractor.
7. Mr X made a formal complaint and the Council advised him to submit a claim against its insurers if he believed there was some liability. It also advised him that if he wished to view the information on his case, he could submit a Freedom of Information request.
8. We cannot determine claims about damage to property or negligence. These are civil matters and Mr X has already pursued legal action against the contractor. If he believes the Council has some liability for the losses then he would need to submit an insurance claim. If the Council denies liability, then he could seek a remedy in the courts.

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Final decision

9. We will not investigate this complaint about the Council’s liability for damage caused by flooding following heating installation improvement work. It is reasonable for Mr X to seek a remedy from insurers or the courts if no liability is accepted.

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Investigator's decision on behalf of the Ombudsman