Summary: We will not exercise discretion to investigate this complaint about the Council tarmacking over a utility company stop tap in the pavement. This is a civil matter It is reasonable for Miss X to seek a legal remedy against either the Council or the water utility company.

The complaint

1. Miss X says she suffered a leak on the pipework in her kitchen which could not be stopped on her own service pipe. Her plumber was unable to turn off the water supply at the pavement stop tap because it had been tarmaced over in the past. She says the Council should accept responsibility for the damage to her kitchen because it obstructed the stop tap.

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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).

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Miss X says her kitchen suffered from water damage when she had a leak on the pipework which could not be stopped by a plumber. The water supply could not be isolated at the pavement stop tap because it had been tarmaced over at some time in the past. She reported the matter to the water company, and it excavated the tap sometime later.
6. Miss X complained to the Council about the matter. The Council accepted the tap had been covered but did not accept liability. It told her that the tap was not present on surveys as far back as 2008 and may have been covered by other utility services during backfilling of maintenance repairs.
7. The Ombudsman cannot determine liability for damages caused by claims of negligence by a Council. These are private matters which can only be determined by insurers or by the courts under the law of tort. A further complication in this matter is that the stop tap is not Miss X’s own property but is equipment belonging to the utility company. This would involve a further question as to liability for ensuring the tap was accessible and whether the utility company was a party which could make a claim against the Council.

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Final decision

8. We will not exercise discretion to investigate this complaint about the Council tarmacking over a utility company stop tap in the pavement. This is a civil matter It is reasonable for Miss X to seek a legal remedy against either the Council or the water utility company.

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Investigator's decision on behalf of the Ombudsman