Wealden District Council (25 008 411)
Category : Other Categories > Other
Decision : Closed after initial enquiries
Decision date : 22 Sep 2025
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the poor state of a garage Mrs X was using as a storage facility, resulting in damage to her property. This is claim for damages and we cannot decide liability, therefore it would be reasonable for Mrs X to pursue her claim through the courts who can decide on liability.
The complaint
- Mrs X said the Council provided a substandard garage facility, which she rented from it and which she used to store property. Mrs X said it was damp and mouldy, and as a result her property was damaged. Mrs X wants the matter resolved and for the Council to repair her garage.
The Ombudsman’s role and powers
- 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 considered information provided by the complainant and I considered the Ombudsman’s Assessment Code.
My assessment
- Mrs X had a rental agreement with the Council for a garage. She said she first began to experience problems in 2022 with the poor state of the roof, and she said it allowed water in. She also said there were problems with the door closing. Mrs X said her property was damaged because of mould and damp conditions.
- The Ombudsman cannot determine liability claims for negligence. These are legal claims which may only be determined by insurers or the courts. It is normal procedure for a person suffering damages caused by the Council’s inaction to submit an insurance claim against the Council. This will then be treated as a claim, rather than a complaint and passed on to its insurers or legal team for a response on liability. If the Council disputes liability, then we would expect a person to make a claim with the courts.
Final decision
- We will not investigate Mrs X’s complaint because she has an alternative legal remedy to make her claim to the courts, who can decide liability. And because we cannot decide liability, it is reasonable to expect her to use this alternative remedy.
Investigator's decision on behalf of the Ombudsman