Summary: We will not investigate Mrs X’s complaint that the Council’s road works caused damage to her driveway. This is because it is reasonable for Mrs X to pursue her claim in court.

The complaint

1. Mrs X complains the Council’s road works damaged her driveway. She would like her kerb stones cleaned, damage to the edging stones remedied and compensation for her time and trouble.

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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 Mrs X.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. We do not normally investigate complaints about property damage. This is because, in effect, such complaints are that an organisation has been negligent.
7. Our role is to consider complaints of administrative fault. Negligence claims are best decided by an organisation’s insurers, and if needed, the courts. Only the courts can decide if an organisation was negligent, and if so, make an order for damages. We cannot recommend actions or payments that ‘punish’ an organisation.
8. Mrs X remains dissatisfied with the Council’s contractor’s attempt to remedy the issues.
9. We will not investigate. Mrs X can now pursue her complaint by making a claim on the Council’s insurance and, if she remains dissatisfied, then taking the Council to court.
10. I find it is reasonable for Mrs X to do this, either directly or via her home insurer. The initial fee for making a claim is relatively modest and only the courts can determine if the Council is liable for the claimed damage.

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Final decision

11. We will not investigate Mrs X’s complaint because it is reasonable for her to take the Council to court.

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Investigator's decision on behalf of the Ombudsman