Summary: We will not investigate Mr X’s complaint about damage to his property. This is because we are unlikely to add to the Council’s response. It is also reasonable for Mr X to pursue the matter through the courts.

The complaint

1. Mr X complains the Council put up scaffolding which caused damage to his property. He says the situation has caused him distress and he wants the Council to repair the damage caused.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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)
4. 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:

• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

5. I considered information provided by Mr X and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. The Council accepted fault in how it dealt with Mr X’s complaint. It apologised and offered a financial remedy for Mr X’s time and trouble. It also said it would arrange for a surveyor to inspect the damage and recover any repair costs from its contractor.
8. The Ombudsman does not investigate claims of negligence or liability regarding damage to private property by a Council, as these are typically matters for the courts to decide. If the Council fails to carry out its agreed actions, Mr X can pursue a claim through the Council’s insurers. If this does not resolve matters, he can seek a remedy through the courts.

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Final decision

9. We will not investigate Mr X’s complaint because we are unlikely to add to the Council’s response. It is also reasonable for Mr X to pursue the matter through the courts.

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Investigator's decision on behalf of the Ombudsman