Summary: We will not investigate this complaint about the Council’s refusal to pay them compensation for damage to their property. We previously advised them they had an alternative remedy via the courts, and in any event the complaint is about events of 2019.

The complaint

1. Mr and Ms X complain the Council refused to compensate them for damages when it demolished their property on the grounds it was an immediate danger to public safety. They say this has caused them significant financial detriment and they want the Council to pay them compensation.

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The Ombudsman’s role and powers

2. 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)
3. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)

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How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. We considered and decided a complaint from Mr and Ms X in 2019. We found no fault in the Council’s decision to demolish their home on the grounds it was an immediate danger to public safety. The Council had offered to pay Mr and Ms X £500 for some faults identified via its complaints process. We highlighted the option for Mr and Ms X to pursue compensation via the courts due to the damages caused.
7. Mr and Ms X discussed the matter with the Council throughout 2019, with support from a pro bono solicitor. The Council made its stance clear by the end of 2019 that it would not discuss the matter further. Mr and Ms X did not begin court proceedings.
8. Mr and Ms X complained to the Ombudsman again in May 2023. They said the Council had refused to arbitrate and come to a settlement, and it had refused to provide evidence it was not liable. They said it also had never paid them £500 as agreed in 2019.
9. We will not now revisit our investigation and decision of 2019. We did not find fault in the Council’s decision-making, and we explained we could not recommend the Council pays a financial remedy. It is not our role to assess economic losses or award compensation. The courts are for people where this is a primary goal. That the Council declined to discuss the matter further does not remove the existence of an alternative remedy through the courts.
10. In any event, the law requires complaints to be brought to us within 12 months. The Council made its position clear at the end of 2019, and there is not a good reason for the delay until now.

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Final decision

11. We will not investigate Mr and Ms X’s complaint because, as previously advised, they had an alternative remedy via the courts. In any event, the complaint is too late.

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Investigator's decision on behalf of the Ombudsman