Summary: We will not investigate this complaint about the circumstances leading to damage to Dr X’s property, and the Council’s handling of Dr X’s complaint about the matter. Dr X has an alternative legal remedy to pursue a claim of negligence through the court. Only the court can decide the Council was negligent, so it is reasonable for Dr X to pursue his alternative legal remedy.

The complaint

1. Dr X complained the Council did not properly act on reports of anti-social behaviour and fire hazards at a nearby address. Dr X said this led to damage to his property.
2. Dr X also said the Council’s handling of his complaint about the matter was poor.
3. Dr X said this caused distress and financial loss.
4. Dr X wants the Council to accept liability for the damage to his property, pay the cost for repairs, ensure the nearby address is safe, review its processes and explain its poor complaints handling.

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The Ombudsman’s role and powers

5. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
6. 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

7. I considered information provided by Dr X.
8. I considered the Ombudsman’s Assessment Code.

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My assessment

9. We consider our powers on what we could achieve as part of our consideration of whether an alternative remedy exists and whether it is reasonable for a person to use it.
10. Negligence claims and interpreting the law around civil liability are generally best decided by a court where the Council does not accept insurance liability. Only a court can decide whether the problem should have been dealt with by the Council before it caused damage to a person’s property, or if it is liable to pay damages for a person’s loss.
11. We will not investigate this complaint. As the Ombudsman cannot decide liability and cannot direct the Council to pay damages, it is reasonable for Dr X to take the matter to court. Only the court can provide the remedy Dr X seeks.
12. It is not a good use of public resources to investigate complaints about complaint procedures, if we decide not to deal with the substantive issue.

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Final decision

13. We will not investigate Dr X’s complaint because it is reasonable for him to take the matter to court.

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Investigator's decision on behalf of the Ombudsman