Summary: We will not investigate this complaint about damage caused to Mrs X’s property by a leaking pipe. The courts are best placed to consider negligence claims.

The complaint

1. Mrs X complained about damage caused to her business property by a leaking pipe. She says none of the involved parties, including the Council, have accepted responsibility. She wants one of the parties to take responsibility and pay for the damage.

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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)
3. We investigate complaints about councils and certain other bodies. We cannot investigate the actions of bodies such as water and gas companies. (Local Government Act 1974, sections 25 and 34(1), as amended)

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How I considered this complaint

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

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My assessment

6. Mrs X says damage has been caused to her business property by a leaking pipe. She suspects the Council, the gas company or the water company should take responsibility, and asked us to provide advice.
7. The Ombudsman is not an advice organisation, and it is not for us to decide which organisation is liable for the costs of repairing the damage. We investigate councils and cannot investigate other bodies such as water and gas companies. It is open to Mrs X to seek advice from an organisation such as Citizen’s Advice.
8. We usually will not investigate complaints about damage to property, because they are really negligence claims which the courts are best placed to consider. It is open to Mrs X to seek legal advice to determine which company, if any, should be considered liable. It is open to Mrs X alternatively to consider commencing proceedings against any of the three companies, should they decline to accept liability. Only the courts can decide whether an organisation is liable to pay for the costs of repairing damage due to any negligence.

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Final decision

9. We will not investigate Mrs X’s complaint because the courts are best placed to consider negligence claims.

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Investigator's decision on behalf of the Ombudsman