Summary: We will not investigate this complaint about damage to property. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. It is reasonable for the complainant to make a claim to the Council’s insurers in the first instance and then pursue his claim through the courts if necessary. Only the courts can determine liability.

The complaint

1. Mr X complains the Council abused its power when entering land without warning. He also complains the Council damaged property, including:
• demolishing walls and replacing them with poor quality ones; and
• replacing hardwood bin stores with cheap ones.
2. Mr X wants £10,000 to cover demolishing and rebuilding walls, replacing bin stores and compensation for personal trauma.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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

5. I considered information provided by Mr X and the Council.
6. I considered the Ombudsman’s Assessment Code.

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Final decision

7. We will not investigate Mr X’s complaint. We cannot determine liability claims for damage to property or personal trauma. These are legal claims which may only be determined by insurers or the courts. It is normal procedure for people claiming damages caused by the Council, 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. A court can then make a judgement where the Council does not accept insurance liability.

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Investigator's decision on behalf of the Ombudsman