Summary: We will not investigate this complaint about a damage claim as it is reasonable to expect the complainant to resort to court action for the remedy she seeks.

The complaint

1. Mrs X complains the Council damaged her drive when it carried out roadworks nearby. Mrs X complains the Council initially told her it would repair her drive but then refused to accept liability for the damage. Mrs X wants the Council to repair her drive.

Back to top

The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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)
4. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide there is no worthwhile outcome achievable by our investigation. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

Back to top

How I considered this complaint

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

7. Information Mrs X provided to us does suggest that initially the Council agreed to repair her drive but then later, refused to accept liability for the damage.
8. Only the courts can determine if the Council is legally liable for the damage to Mrs X’s drive and whether it should make reparations. We cannot make such determinations. There is a relatively simple, low-cost procedure open to anyone to make such a claim in court so Mrs X could take such action directly, or through her own insurers. It is reasonable to expect Mrs X to take such action, and we will not therefore investigate.
9. I recognise Mrs X’s frustration and disappointment that the Council ultimately decided not to accept liability for the damage, but we will not investigate this in isolation given in the end this matter can only be decided in court. It is unlikely we could achieve any other meaningful outcome for Mrs X.

Back to top

Final decision

10. We will not investigate Mrs X’s complaint because we can achieve no worthwhile outcome for her as this matter can only, ultimately, be decided in court.

Back to top

Investigator's decision on behalf of the Ombudsman