Summary: We will not investigate this complaint that the complainant’s home has been damaged by vibrations from Council demolition works at a nearby college site. It is reasonable to expect the complainant to pursue a court remedy instead.

The complaint

1. Ms X complains vibrations from Council demolition works at a nearby college site have caused damage to her property. She says the Council did not assess the risk to properties beyond the site, and the conclusions of a condition survey carried out for the Council are illogical and subjective.

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The Ombudsman’s role and powers

2. We can investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. So, we do not start an investigation if we decide:

• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complaint.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

3. With regard to the second bullet point above, 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

4. I considered information provided by Ms X and the Council, which included the Council’s complaint responses.
5. I also considered the Ombudsman’s Assessment Code.

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My assessment

6. Ms X’s main complaint is essentially that the Council has been negligent in the way it has carried out works at the site, and is therefore liable for the damage to her property.
7. But deciding about whether an organisation has been negligent usually involves looking rigorously, and in a structured way at evidence as only the court can to make its findings. In addition, only a court can decide if an organisation has been negligent and so should pay damages. We cannot recommend actions or payments that ‘punish’ the organisation.
8. As such we would usually expect someone in Ms X’s position to seek a remedy in the courts, either directly or through her insurers. I consider it is reasonable to expect Ms X to pursue a court remedy, so we will not investigate her complaint.

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Final decision

9. We will not investigate Ms X’s complaint because it is reasonable to expect her to pursue a court remedy instead.

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Investigator's decision on behalf of the Ombudsman