Summary: We will not investigate Mr B’s complaint that his home has been damaged due to the Council’s delay repairing the road outside his home. This is because it is reasonable for Mr B to take the Council to court, which is in the best position to decide the matter.

The complaint

1. The complainant, who I will refer to as Mr B, complains that his house has been damaged because the Council took too long to re-surface the road outside his home. Mr B says his house would shake every time large vehicles drove passed and this has resulted in cracks to the render of his house. Mr B complains the Council has not inspected his property and has wrongly not accepted liability for the damage to his home. Mr B would like the Council to assess the damage and put this right.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. The Act 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 Mr B.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. We do not normally investigate complaints about damage to property. This is because such complaints are that an organisation has been negligent.
7. Deciding 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. I cannot decide whether the Council has been negligent and have no powers to enforce an award of damages. So, I would usually expect someone in Mr B’s position to seek a remedy in the courts, directly or through his home insurer.
9. I do not consider there is any exceptional reason why Mr B cannot do this. So, we will not investigate this complaint.

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Final decision

10. We will not investigate Mr B’s complaint because it is reasonable for Mr B to take the Council to court.

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Investigator's decision on behalf of the Ombudsman