Summary: Mr X complains the Council damaged his driveway and failed to respond to his complaint. The Ombudsman will not investigate this complaint. This is because we cannot determine who is financially liable for the damage to his drive. And we consider the Council has offered an appropriate remedy to Mr X for the delays in its responses.

The complaint

1. Mr X says the Council damaged his driveway and will not repair it. He also says it failed to respond to his complaint.

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The Ombudsman’s role and powers

2. We can decide whether to start or discontinue an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24A (6) and 34B (8), as amended)
3. The Ombudsman will not investigate a complaint if the Council has already provided a reasonable remedy.

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How I considered this complaint

4. I considered the information provided by Mr X and the Council. Mr X commented on the draft version of this decision.

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What I found

5. In November 2018 the Council’s contractor built a footway crossing on the road close to Mr X’s home. Mr X complained to the Council that during construction, concrete had been splashed on to his paved driveway.
6. The Council visited Mr X to inspect the site. It asked the contractor to clean the concrete from the drive.
7. In December Mr X contacted the Council. He provided photographs of his drive before and after the contractor cleaned it. He says there are now patches of discoloration which were not there before the concrete was splashed and then cleaned off.
8. The Council says it told the contractor to revisit Mr X. About 3 weeks later Mr X complained to the Council that he had not received a response. The Council acknowledged his complaint and advised it would respond by 6 February.
9. Mr X continued to chase the Council for an update on his complaint with no response.
10. In May the Council closed Mr X’s complaint without responding to him and without checking whether the contractor has visited him and taken any remedial action.
11. The Council accepts this is fault. It failed to follow its complaints procedure and failed to check with Mr X before closing his complaint. In recognition of this fault it has offered Mr X £100. I consider this to be an appropriate remedy to the fault in the Councils’ failure to follow its complaints process.
12. The Council has advised Mr X that its contractor denies responsibility for the damage to his drive. Therefore, it has instructed the contractor to progress the matter through their insurer and write to Mr X to confirm what will happen next.
13. The Ombudsman cannot decide whether the contractor is responsible for the damage to Mr X’s drive. This is a matter for the insurer. And if the insurer refuses his claim, Mr X can ask the courts to decide if the contactor or council is liable for the damage.

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Final decision

14. I will not investigate this complaint. This is because:
• the Ombudsman cannot decide whether the Council or its contractor is responsible for the damage to Mr X’s driveway. The matter is being considered by the insurer which is the appropriate route to resolve this matter
• I consider £100 to be a suitable remedy to the Council’s failure to follow its complaints procedure.

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Investigator's decision on behalf of the Ombudsman