Summary: We will not investigate this complaint about the Authority causing damage to X’s property in an emergency. This is because X has an alternative legal remedy through the courts, if they believe the Authority is liable for compensation because of damage. And because we cannot decide liability, and the courts can, it would be reasonable to expect them to use this alternative remedy.

The complaint

1. X complained about the Authority causing damage to their property, during a fire emergency. X said the fire was at an adjoining property and is unhappy the Authority will not accept liability for their claim for damaged property. X wants the Authority to accept liability.

Back to top

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)

Back to top

How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

Back to top

Final decision

5. We will not investigate X’s complaint because they have an alternative legal remedy through the courts, who can establish liability, where we cannot. Therefore, it is reasonable for X to use their alternative legal remedy.

Back to top

Investigator's decision on behalf of the Ombudsman