Summary: We will not investigate this complaint about damage to Mr X’s drive as whether the Council is liable for this can only be determined in court.

The complaint

1. Mr X complained his drive has been damaged after the Council carried out work to the adjacent footpath, which Mr X was not notified of. Mr X wants the Council to rectify the damage.

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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 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

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

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My assessment

6. We cannot determine if the Council is legally liable for the damage to Mr X’s property or if it should rectify the damage. If the Council will not provide the remedy Mr X seeks, then ultimately he would need to go to court. Parliament has provided a simple, low-cost procedure which is open to anyone to make a money claim in court and it is reasonable to expect Mr X to resort to such action. As such, we will not investigate.

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Final decision

7. We will not investigate Mr X’s complaint because it is reasonable to expect him to resort to court action for the remedy he seeks.

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Investigator's decision on behalf of the Ombudsman