Summary: We will not investigate this complaint about highways maintenance. This is because the insurers already involved, and the courts are better placed to consider this complaint.

The complaint

1. Mr Y complained the Council has failed to pay a claim after flooding caused damage to Mr Y’s home due to a defect in the road.
2. Mr Y is seeking £4,677, which he said is less than half the amount of the costs he has paid to have his property repaired.

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The Ombudsman’s role and powers

3. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

4. I considered information Mr Y provided and the Ombudsman’s Assessment Code.

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My assessment

5. Following flooding in his home, which RM Y says was caused by poor road maintenance, Mr Y complained to the Council in May 2022. He then submitted a claim to the Council’s insurers for £4,677, which he says is just under half of the costs of repairs needed to his property. He also complained that the Council had previously suggested it had not known about the defect which he says caused the flooding, which Mr Y disagrees with. Mr Y chased the Council again for a response in November, before approaching us.

Analysis

6. The legislation from which the Ombudsman takes their power also places some restrictions on what we may investigate. One of these concerns negligence claims about damage to property or personal injury. These are legal claims which may only be determined by insurers or the courts.
7. We are not able to decide liability or award damages. Consequently, any claim for damages, such as costs for repairs to his property, which Mr Y considers the Council to be responsible for, are matters more appropriately dealt with by the courts or the insurers which are already involved. Consequently, we will not investigate this complaint.

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Final decision

8. We will not investigate Mr Y’s complaint because the insurers already involved, and the courts are better placed to consider this complaint.

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Investigator's decision on behalf of the Ombudsman