Summary: Ms X complains of damage caused by the Council when developing a neighbouring property. We will not investigate this complaint because this can be more appropriately determined by the courts.

The complaint

1. Ms X complains of damage caused by the Council when developing a neighbouring property.

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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 considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.
5. The complainant had an opportunity to comment on a draft of this decision.

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My assessment

6. Ms X lives next door to land which has been developed by the Council. In carrying out the work Ms X says that Council vehicles damaged a driveway she owns with other neighbours.
7. The Council says it carried out repairs to the grass verge next to the driveway but maintains that some of the damage was due to previous wear and tear.
8. I consider that it would be reasonable to pursue this matter through the courts for compensation.
9. The courts are an expert body and their decisions are binding on the Council. The courts can determine whether damage was caused by Council vehicles and, if so, what compensation is appropriate. I see no reason why a claim in the courts could not be made in this case.

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Final decision

10. We will not investigate this complaint because this is a matter for the courts.

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Investigator's decision on behalf of the Ombudsman