Summary: The Ombudsman will not investigate Mr X’s complaint that the Council’s contractor caused damage to his property. This is because the matter concerns a dispute over liability which is more appropriate for consideration by the courts.

The complaint

1. The complainant, Mr X, complains the Council’s contractor damaged his wall while carrying out repairs to the public highway.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• it is unlikely we would find fault, or
• the fault has not caused injustice to the person who complained, or
• the injustice is not significant enough to justify our involvement, or
• it is unlikely we could add to any previous investigation by the Council, or
• it is unlikely further investigation will lead to a different outcome, or
• 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)

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How I considered this complaint

3. I reviewed Mr X’s complaint and the Council’s response. I shared my draft decision with Mr X and discussed it with him.

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What I found

4. Mr X’s wall collapsed when contractors acting for the Council carried out repairs to the highway nearby. Mr X made a claim to the Council for the cost of repairing the wall but the Council refused his claim. It said the wall was in a poor condition at the time and did not accept it had been negligent. It did not therefore consider it was liable for the damage. Mr X is not happy with the Council’s response and says the contractor accepted liability for the damage at the time.
5. The Ombudsman will not investigate this complaint. The Ombudsman cannot determine whether the Council (or its contractors) were negligent and we cannot establish the Council’s liability for the cost of repairs to Mr X’s wall. This is a legal issue which is more appropriate for consideration by the courts.
6. Mr X may wish to contact his home insurance company to see if they will pay for repairs, or ask them if they will provide him with legal representation to make a claim against the Council.

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Final decision

7. The Ombudsman will not investigate this complaint. This is because the complaint concerns a claim for negligence which is a matter for the courts.

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Investigator's decision on behalf of the Ombudsman