Summary: We will not investigate this complaint about damage caused to Mrs X’s property as it is unlikely we will find Council fault led to the injustice Mrs X claims plus damage claims can only, ultimately be determined in court.

The complaint

1. Mrs X complains her property was damaged when the Council carried out building work at her neighbour’s property. Mrs X seeks compensation for the damage and stress.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide the injustice claimed has not arisen from Council fault. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
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 and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The Council has advised Mrs X that it did not appoint the builder in question but that it was involved in the works and is involved in rectification works. It says it is to put right the damage caused to Mrs X’s property.
7. I recognise Mrs X remains unhappy about what took place, but we will not investigate as it is unlikely we will find Council fault caused the injustice Mrs X claims, as this matter is likely to be a private, civil one between Mrs X and the builder in question.
8. If Mrs X considers the Council is liable in some regard for the damage, we will not investigate as such matters can only be decided in court. There is a procedure open to anyone to make a money claim in court. Mrs X could take her own action directly, or with the help of a solicitor, some of whom take on such cases on a ‘no win, no fee’ basis or via her home insurers. It is reasonable to expect Mrs X to take court action if she holds the Council liable, for the compensation she seeks, and we will not therefore investigate.

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Final decision

9. We will not investigate Mrs X’s complaint because it is unlikely we will find Council fault caused injustice to Mrs X and ultimately damage claims can only be decided in court.

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Investigator's decision on behalf of the Ombudsman