Summary: The Ombudsman will not investigate Mrs X’s complaint about the quality of workmanship on the roof of her beach hut. This is because it would be reasonable for Mrs X to take the matter to court.

The complaint

1. The complainant, Mrs X, complains about the roof of a beach hut she purchased from the Council in 2018. She says the roof felt is creased and worn and will need to be replaced.

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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)

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How I considered this complaint

3. I reviewed Mrs X’s complaint and the Council’s responses. I shared my draft decision with Mrs X and invited her comments.

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What I found

4. Mrs X bought a beach hut from the Council in 2018. In 2019 she noticed the roof felt was creased in places and not tight against the roof. She says this has caused the felt to wear prematurely and she will need to replace it before winter. She contacted the Council and it asked its contractor to visit the hut and report back. The contractor carried out a few minor repairs but said the roof met (and in some cases exceeded) the requirements. The Council therefore declined to replace the felt.
5. The Ombudsman will not investigate this complaint. When purchasing the beach hut it was for Mrs X to ensure she was happy with the quality of the build. If she believes the issue with the roof amounts to a breach of contract or breaches the conditions set out in the Sale of Goods Act 1979 (as amended), it would be reasonable for her to take the matter to court.

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Final decision

6. The Ombudsman will not investigate this complaint. This is because it would be reasonable for Mrs X to take the matter to court.

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Investigator's decision on behalf of the Ombudsman