Summary: Ms X complains the Council failed to respond to her concerns about the loss of water supply to her business premises for 6 weeks. And failed to offer adequate compensation for her losses. The Ombudsman will not investigate this complaint because this complaint is about whether the Council has been negligent. This is a matter for the courts to decide.

The complaint

1. Ms X rents her business property from the Council. She says the Council cut off the water to her property for 6 weeks because of a leak in another building it owns.
2. The Council has offer to credit her rent account with £1,200. Ms X says this is not enough and wants £6,000. She also wants an apology and reassurance that should the problem reoccur it will be dealt with more quickly without distress or loss of business.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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

5. I considered the information provided by Ms X in her complaint form. And in the Council’s final response to her.
6. Ms X commented on the draft version of this decision.

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What I found

7. Ms X rents her business property from the Council. Due to a flood in another Council owned building, Ms X’s water was cut off for 6 weeks. She says she had to close the business because the toilets were not working, and because of smells from rotting carpet and sewerage from the leak.
8. Ms X says there have been 3 floods in the last 8 months causing power cuts and water damage. She says the Council has taken an unnecessary amount of time dealing with the problems. She has had to replace tiles and carpet in the office, damaged furniture and paperwork. She has lost business as a result. She has asked the Council for £6,000 to cover her losses.
9. The Council refused her request and offered to credit her rent account with £1,200.

Assessment

10. Ms X’s complaint is ultimately about negligence, rather than administrative fault. The role of the Ombudsman is to look for administrative fault. We cannot decide liability in cases involving damage to property. Such matters are for the Council’s insurers and, ultimately, the courts.
11. I understand that Ms X is concerned about her financial losses and the length of time taken by the Council to resolve the matter. But only court can decide if the Council is responsible for the damage to her property. It can decide what damages, if any, the Council should pay. These are not decisions the Ombudsman can take.

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Final decision

12. I will not investigate this complaint. This is because the Ombudsman cannot decide whether the Council has been negligent and is liable for the losses Ms X suffered. This is a matter for the courts to decide.

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Investigator's decision on behalf of the Ombudsman