Summary: Mrs X complained about the Council’s failure to compensate her for damages to her belongings stored in a council garage which had an unrepaired water leak. The Ombudsman should not investigate this complaint. This is because it was reasonable for Mrs X to seek a remedy in the courts for the losses she has incurred.

The complaint

1. Mrs X complains that belongings which she was storing in the garage which she rents from the Council were damage by persistent water leaks. She says she reported the leaks, but they were not repaired properly. She wants compensating for the loss of her belongings which cost over £1,000 and the £400 in rent which she paid without having repairs completed.

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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 investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word ‘fault’ to refer to these. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

4. I have considered all the information which Mrs X submitted with her complaint. I have also considered the Council’s response and Mrs X has commented on the draft decision.

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What I found

5. Mrs X rented a garage from the Council. She says the roof began leaking and she reported it, but no repairs were carried out. Council workers who inspected the garage told her that the roof was asbestos which is difficult to repair. It advised her to give up the garage tenancy if she was not prepared to pay for it.
6. Mrs X complained and asked the Council to compensate her for the loss of her belongings stored there. The Council told her that the tenancy agreement specifies that the garage be used only for the storage of a motor vehicle and that the leak would not have affected her if she had used the garage for its agreed purpose. It does not accept liability for any damage to items not included in the terms of its agreement with her.
7. The Ombudsman does not normally investigate complaints about personal injury or damage to property caused by negligence. These are private legal matters and can only be determined by insurers or the courts. It was reasonable for Mrs X to make a claim in the small claims court if she believes the Council was negligent or breached the terms of her agreement.

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Final decision

8. The Ombudsman should not investigate this complaint. This is because it was reasonable for Mrs X to seek a remedy in the courts for the losses she has incurred.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman