Summary: We will not investigate Mr B’s complaint that the Council damaged his property during highway repair works. This is because it is reasonable for Mr B to take the Council to court.

The complaint

1. Mr B complains about the Council’s handling of highway repair works outside his home. Mr B says the Council dug up a section of his driveway without his permission and cut through a power cable, which means his outdoor lights no longer work.
2. Mr B complains the Council has refused to put right the damage despite initially saying it would do this. Mr B would like the Council to repair or replace the power cable and restore his driveway to its original condition.

Back to top

The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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)

Back to top

How I considered this complaint

5. I considered information provided by Mr B.
6. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

7. We do not normally investigate complaints about damage to property. This is because such complaints are about whether an organisation has been negligent.
8. 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.
9. 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.
10. I do not consider there is any exceptional reason why Mr B cannot do this. So, we will not investigate this complaint.

Back to top

Final decision

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

Back to top

Investigator's decision on behalf of the Ombudsman