Summary: We will not investigate this complaint about the Council’s handling of Mr X’s property damage. This is because it is reasonable to expect Mr X to go to court.

The complaint

1. Mr X complains about the Council's handling of damage to his property.
2. Mr X says a leaking pipe at a Council owned property damaged his soffit. He says the Council repaired the leak to its pipe but did not repair the damaged soffit. He also complains about the Council’s insurers taking too long to decide his claim.

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The Ombudsman’s role and powers

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

5. I considered information provided by the complainant which includes the Council’s response. I also considered the Ombudsman’s Assessment Code.

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My assessment

6. The Council's complaint response to Mr X found fault in some of its contact with him. It also acknowledged a cancelled appointment which Mr X was not told about. However, it did not accept that it had agreed to replace or fully repair the soffit and fascia boards. The Council advised any claim for damage to private property should be pursued through its public liability insurance process.
7. We will not investigate. This is because the core issue is Mr X’s claim for compensation for damage and his dissatisfaction with the handling of the insurance process. This is a matter better addressed via court action. The courts are best placed to determine questions of liability and can make binding decisions about whether compensation should be paid and, if so, in what amount. The Ombudsman has no powers to legally determine liability nor compel councils to pay compensation.
8. The Ombudsman does not act as an appeal body against decisions made by a council's insurer and cannot determine disputed legal liability in the way a court can. If the complainant believes the insurer is unreasonably delaying, wrongly rejecting, or failing to settle his claim, it would be reasonable for Mr X to take the Council to court.

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Final decision

9. We will not investigate Mr X’s complaint as it is reasonable to expect him to go to court.

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Investigator's decision on behalf of the Ombudsman