Summary: We will not investigate this complaint that the Council are responsible for damage to the complainants property. This is because the matter of liability can only be determined by insurers or the courts.

The complaint

1. The complainant, who I will call Mr X, is being represented by his solicitor, who I will call Mr Z. Mr Z says the Council are responsible for damage to Mr X’s property and that Mr X should be compensated for this damage.

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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 also 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

4. I considered information provided by Mr Z.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr Z says the Council are responsible for damage to Mr X’s property after its contractors carried out work to an adjacent property. Mr Z says the Council should compensate Mr X for costs related to the damage.
7. I will not start an investigation because the matter of liability for damage to Mr X’s property is a matter for insurers and the courts.
8. The Council have rejected liability for the damage and say that Mr X should pursue a claim with its contractors insurers. If Mr X wants to pursue the Council for liability, he can now take the matter to court. The Court can decide liability and if Mr X is entitled to damages.

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Final decision

9. I will not investigate this complaint. This is because the issue of liability is a matter that can be decided in court.

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Investigator's decision on behalf of the Ombudsman