Summary: We will not investigate Ms X’s complaint that Council roadworks damaged her property. This is because it is reasonable for her to take the matter to court.

The complaint

1. Ms X complains Council roadworks damaged her property. She wants the Council to pay the costs to redecorate the property and provide compensation.

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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 Ms X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Ms X complains the damage to her property was caused by Council roadworks outside.
7. We will not investigate Ms X’s complaint about damage caused to her property by Council roadworks. It is reasonable for her to pursue any claim through the court. The courts are better placed to decide whether the Council has been negligent and is liable for damage. They can also provide a suitable remedy.
8. Ms X is also unhappy with the way the Council dealt with her complaint. As we are not considering the substantive issue, it is not a good use of public resources to consider how the Council responded to Ms X’s complaint.

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Final decision

9. We will not investigate Ms X’s complaint because it is reasonable for her to take the matter to court.

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Investigator's decision on behalf of the Ombudsman