London Borough of Wandsworth (23 013 807)
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s failure to resolve an insurance claim made for damage to property. It is reasonable for Ms X to take the matter to the courts if she is dissatisfied with the claim outcome.
The complaint
- Ms X complained about the Council’s failure to resolve her insurance claim against it for damage caused by dampness due to a leak at her flat.
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 considered the information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Ms X says her home was damaged by water leaks causing dampness. She has had to have the flat re-decorated where it was affected. She submitted a claim against the Council’s public liability insurance in June 2023 and it has not yet been resolved.
- The Council says its insurer has suffered delays due to a change in its IT systems but the Council has asked that Ms X’s claim be settled with priority in the near future.
- The Ombudsman will not normally investigate complaints about damage to property or injury to people arising from claims of negligence. These are legal claims which may only be determined by insurers or the courts. It is normal procedure for persons suffering damages or personal injury caused by a council or its contractors to submit an insurance claim against the Council. This will then be treated as a claim, rather than a complaint and passed on to its insurers or legal team for a response on liability.
- Although there has been some delay on the claim by the Council’s insurers it is not unusual for claims to take several months to be determined.
Final decision
- We will not investigate this complaint about the Council’s failure to resolve an insurance claim made for damage to property. It is reasonable for Ms X to take the matter to the courts if she is dissatisfied with the claim outcome.
Investigator's decision on behalf of the Ombudsman