Reading Borough Council (26 014 769)
The Ombudsman's final decision:
Summary: We will not investigate this complaint about property damage. This is because it is reasonable to expect the complainant to go to court.
The complaint
- Mr X complains about damage caused to his property during building works and scaffolding erected at a neighbouring property that belongs to the Council.
- Mr X says scaffolding damaged his front porch and rear lean-to roof.
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.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X reports the Council referred his complaint to the housing association which is responsible for managing the Council’s property. Mr X is dissatisfied because the repairs have not been completed. He seeks repair of the damage to his property and considers the organisations involved responsible for the property damage.
- We will not investigate. This is because determining legal liability for the damage and what compensation or repairs may be appropriate are matters best suited to court. The Ombudsman has no powers to legally decide liability nor compel Councils to pay compensation or carry out remedial repairs. A court has the powers necessary to consider evidence, determine liability, and, where appropriate, award damages or order remedies.
- Therefore, it is reasonable to expect Mr X to pursue his claim in court, which are best placed to determine liability and any entitlement to compensation.
Final decision
- We will not investigate Mr X’s complaint because it is reasonable to expect him to go to court.
Investigator's decision on behalf of the Ombudsman