London Borough of Lewisham (25 014 249)
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s failure to take action over a claim for damage to possessions caused by dampness. It is reasonable for Miss X to take further action in the small claims court.
The complaint
- Miss X complained about the Council’s refusal to compensate her for damage to her possessions following damage from dampness in her temporary accommodation in 2024. She says the Council refuses to separate her claim from an earlier compensation award recommended by the Ombudsman.
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 information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Miss X says the Council has failed to process a claim which she says she made about damage to her possessions due to dampness in temporary accommodation in 2024. We investigated her compalint about the accommodation in 2025 (case reference 25007423) but she says the compensation she received from the Council did not cover her belongings which she claims were damaged.
- Miss X’s solicitors have been in contact with the Council about this matter since 2024 and the Council has not accepted the claim so far.
- We will not investigate this compalint further. This is because it is reasonable for Miss X or her solicitors to take further action in the small claims court if the Council has rejected or ignored her claim for damage to her possessions.
Final decision
- We will not investigate this complaint about the Council’s failure to take action over a claim for damage to possessions caused by dampness. It is reasonable for Miss X to take further action in the small claims court.
Investigator's decision on behalf of the Ombudsman