Birmingham City Council (19 020 114)
Category : Other Categories > Commercial and contracts
Decision : Closed after initial enquiries
Decision date : 09 Apr 2020
The Ombudsman's final decision:
Summary: The Ombudsman will not investigate Mr X’s complaint about the Council’s delay in repairing a garage roof. This is because Mr X’s claimed injustice lies in the damage to his car and it would be reasonable for him to make a claim to the Council’s insurers and, if he remains unhappy, take the matter to court.
The complaint
- The complainant, Mr X, complains the Council failed to repair the roof of a garage he rents from it. As a result he has suffered damage to his car.
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 reviewed Mr X’s complaint and the Council’s responses. I shared my draft decision with Mr X and invited his comments.
What I found
- Mr X rents a garage from the Council which he uses to store his car. He first reported a leak in the garage roof approximately two years ago but complains the Council failed to repair it. It has now resolved the issue but the leak damaged the paintwork of his car. He wants the Council to pay compensation to repair the damage.
- The Ombudsman will not investigate this complaint. The Council has explained to Mr X that he should report the matter to his insurance company who can then make a claim on his behalf. Mr X confirms the vehicle is not insured but he may still make a claim for damages to the Council’s insurers. Further information about this process, and a claim form, is available online. If Mr X is not happy with the insurer’s decision on his claim it would be reasonable for Mr X to go to court. Only the courts can determine the extent of the Council’s liability for the damage.
Final decision
- The Ombudsman will not investigate this complaint. This is because it would be reasonable for Mr X to take the matter to court.
Investigator's decision on behalf of the Ombudsman