Summary: We will not investigate this complaint about the Council’s liability for damage to Ms X’s property. This is because it would be reasonable for her to make a claim against the Council and take the matter to court.

The complaint

1. Ms X complains she has suffered damp issues as a result of a blocked gully in the public highway, which the Council has now fixed. However, she says the Council moved her downpipe while carrying out the repairs, causing new damp issues to a different part of her house.

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

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My assessment

6. It is not for us to decide the Council’s liability for the damage to Ms X’s property. This is a matter for the courts. If Ms X believes she is entitled to compensation for the damage it would be reasonable for her to make a claim against the Council and, if it fails to resolve the issue, take the matter to court.

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Final decision

7. We will not investigate this complaint. This is because it would be reasonable for Ms X to take the matter to court.

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Investigator's decision on behalf of the Ombudsman