Summary: We will not investigate Mr B’s complaint that the Council is failing to maintain the road outside his home and this is causing damage to his property. This is because it is reasonable for Mr B to put in a claim to the Council’s insurers, and if needed, take the Council to court.

The complaint

1. Mr B complains the Council is failing to maintain the road at the front of his property which is causing extensive damage to the interior and exterior of his home. Mr B says his property shakes every time vehicles pass and he is being affected financially by the repairs needed to his home. Mr B would like the Council to provide a permanent solution rather than more patch repairs to this section of road.

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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. Our role is to consider complaints of administrative fault. We do not normally investigate complaints about damage to property. This is because in effect such complaints are that an organisation has been negligent. Negligence claims are best decided by an organisation’s insurers, and if needed, the courts.
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.
8. 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. As advised by the Council, Mr B may put in a claim to the Council’s insurers for the claimed damage to his home. If Mr B is not satisfied with the outcome, he may pursue his claim at court.
10. Because of the seriousness of the issue Mr B complains about, I find it is reasonable and proportionate to expect him to pursue this matter at court if needed.
11. So, we will not investigate this complaint.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman