Summary: We will not investigate this complaint about Mr X’s claim of damage to his property caused by traffic vibration from the highway surface. It is reasonable for him to submit his claim to the Council’s insurers and if no liability is accepted to seek a remedy in the courts.

The complaint

1. Mr X complained about the Council’s refusal to accept liability for damage to his home caused by excessive vibration from the public highway. He says the cracked highway surface is the cause and has been unable to find independent surveyors who will confirm this.

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The Ombudsman’s role and powers

2. 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

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

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My assessment

5. Mr X says his home and those of some neighbours are suffering cracking which he says is due to vibration from the adjacent highway. He says he has video evidence that the road vibrates under heavy traffic. He complained to the Council about the matter and asked for the road to be inspected and re-surfaced.
6. The Council advised Mr X that this matter should be treated as a civil claim and not a complaint. Claims for damage or personal injury are handled by councils’ insurers and Mr X was advised to submit a claim if he believes the Council is liable.
7. The legislation from which the Ombudsman takes his powers also places some restrictions on what we may investigate. One of these concerns negligence claims about damage to property or personal injury. We cannot determine liability claims for negligence. These are legal claims which may only be determined by insurers or the courts. It is normal procedure for persons suffering damages or personal injury caused by a council or its contractors to submit an insurance claim against the Council.
8. If liability is not accepted by the insurers, then it is reasonable for Mr X to seek a remedy by way of the courts which are the proper body to determine legal liability.

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Final decision

9. We will not investigate this complaint about Mr X’s claim of damage to his property caused by traffic vibration from the highway surface. It is reasonable for him to submit his claim to the Council’s insurers and if no liability is accepted to seek a remedy in the courts.

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Investigator's decision on behalf of the Ombudsman