Cornwall Council (25 021 653)
The Ombudsman's final decision:
Summary: We will not investigate Miss X’s complaint about repairs to a shared chimney. It would be reasonable for Miss X to take the matter to court.
The complaint
- Miss X complains the Council failed to make timely repairs to the chimney stack shared by a Council property and Miss X’s property. Miss X also complains of poor communication and complaints handling.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- 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
- In 2024 Miss X reported water ingress from the chimney stack between her property and the Council owned property next door. Miss X says the Council have failed to properly fix the chimney. Miss X wants the work to be completed.
- We will not investigate this complaint because the court is better placed to consider these matters and it would be reasonable for Miss X to make a claim to the Council’s insurer, then go to court if required.
- To reach a view, we would need to decide who is responsible for maintaining the chimney and for any resulting damage. There are also disputes about a party wall agreement. Only the courts can make legally binding decisions on these issues. We recognise Miss X may not wish to go to court. However, this is the appropriate route to establish legal liability, as we can only recommend remedies, not issue binding orders.
Final decision
- We will not investigate Miss X’s complaint because it would be reasonable for Miss X to take the matter to court.
Investigator's decision on behalf of the Ombudsman