Summary: Mr X complained about the Council’s contractors causing damage to his home when the road outside was improved. The Ombudsman should not investigate this complaint. This is because complaints about damage to property or personal injury are legal matters which can only be decided by insurers or the courts. The incident occurred outside the normal 12 months period for considering complaints.

The complaint

1. The complainant, whom I shall call Mr X, complains that the Council’s contractors caused damage to his home and fencing when improving the road outside his home. He wants the Council to put right the damage and pay all the costs involved. He also wants it to pay for a structural survey to check if any further damage was caused.

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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)
3. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)

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How I considered this complaint

4. I have considered all the information which Mr X submitted with his complaint and Mr X has been given the opportunity to comment on the draft decision.

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What I found

5. Mr X says the road near his home was improved by drainage and resurfacing work. Vibration from the works caused cracking and damage in his home and his fence was undermined and weakened. He is concerned that the foundations of his house may have been damaged and that this may cause problems in future. He says other residents received assistance from the Council but that he has been ignored because his property was outside the boundary for neighbour consultation.
6. The Ombudsman cannot resolve complaints about damage to property or personal injury caused by alleged negligence by councils. These are legal torts and liability for negligence can only be decided by insurers or the courts. Mr X would need to have made a claim to the Council when he first complained about it in April 2018.
7. These events occurred outside the normal 12-month period for making complaints to the Ombudsman. We would not exercise any discretion to consider them now because they concern claims for negligence.

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Final decision

8. The Ombudsman should not investigate this complaint. This is because complaints about damage to property or personal injury are legal matters which can only be decided by insurers or the courts. The incident occurred outside the normal 12 months period for considering complaints.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman