Summary: We will not investigate this complaint about damage caused to Miss X’s home. This is because it is unlikely further investigation would lead to a different outcome.

The complaint

1. Miss X complains renovation works carried out to a neighbouring council-owned property have caused damage to her home. She says the works have been ongoing for around three years and have caused her significant stress, upset and inconvenience. Miss X also says she suffered a fall which she believes was caused by conditions arising from the renovation works. She seeks completion of the outstanding remedial works and financial redress for the impact the matter has had on her.

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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, (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 the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. The Council investigated Miss X’s complaint through its complaints procedure. During that process, it accepted fault for a number of service failures, including communication failings, delays, contractor performance issues, disruption caused by the works, delays in resolving the water supply issue and aspects of poor workmanship. The Council apologised, offered Miss X £500 to recognise the distress, inconvenience and disruption caused, and either completed or arranged the outstanding remedial works.
8. We will not investigate Miss X's complaint. This is because the Council has already considered the matters raised, accepted fault, apologised, offered a remedy and taken steps to address the outstanding works. It is unlikely further investigation would not lead to a different outcome,
9. In addition, we cannot determine liability for damage to property or personal injury. Any claim for damages arising from the alleged damage to Miss X's property or from her reported fall is more appropriately pursued through the Council's insurers or the courts.

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Final decision

10. We will not investigate Miss X’s complaint because it is unlikely further investigation would lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman