Summary: We will not exercise discretion to investigate this complaint about damage to the complainant’s property due to a leak caused from the Council’s property above. This complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Ms X could not have complained to us sooner. We cannot determine claims about damage to property or personal injury. Only insurers or the courts can decide private negligence claims.

The complaint

1. Ms X complained about the Council’s negligence which allowed a leak into the ceiling of her property causing damage and loss of rental income in 2023. She says the Council should accept her claim for compensation of over £7,000.

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The Ombudsman’s role and powers

2. 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)
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)

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How I considered this complaint

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

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My assessment

6. Ms X says her property suffered damage from a leak through the ceiling from the Council’s flat above her in late 2022. She says she made a claim in January 2023 and the Council did not accept liability. The leak got worse and she says she was unable to rent out the property from November 2023.
7. We will not investigate this complaint which was received outside the normal 12-month period. The time for receiving complaints is from when someone became aware of the matter they wished to complain about, not when they complained to the Council or it issued its final response. We would expect someone to complain to us within a year, even if they were dissatisfied with the time the complaints procedure was taking.
8. We have some discretion to consider older complaints in certain circumstances but this would not apply to Ms X’s complaint. Even if she had complained to us in 2023, we would have advised her to make an insurance claim against the Council and to the small claims court if no liability was accepted.
9. We cannot determine liability claims for negligence. These are legal claims which may only be determined by insurers or the courts. It is normal procedure for persons suffering damages or personal injury caused by a council or its contractors to submit an insurance claim against the Council.

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Final decision

10. We will not exercise discretion to investigate this complaint about damage to the complainant’s property due to a leak caused from the Council’s property above. This complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Ms X could not have complained to us sooner. We cannot determine claims about damage to property or personal injury. Only insurers or the courts can decide private negligence claims.

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Investigator's decision on behalf of the Ombudsman