Summary: We will not investigate Mr C’s complaint that his home is being damaged due to the Council’s failure to maintain a pipe. This is because it is reasonable for Mr C to pursue his compensation claim by taking the Council to court.

The complaint

1. Mr C complains his property is being damaged because the Council damaged a pipe under the pavement outside his home and has not repaired it. Mr C says the pipe has been leaking for years and has caused considerable damage to his home which now requires underpinning and other works. Mr C says the Council has not investigated the matter properly and wrongly claims the pipe is his responsibility. Mr C would like the Council to pay for the works required to his home and to reinstate the pipe and drainage.

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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 C.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr C complains his property is being damaged due to the Council’s failure to maintain a pipe outside his home. So, in effect, Mr C’s complaint is that his property is being damaged because of negligence by the Council.
7. Mr C has received the Council’s insurer’s decision in response to his compensation claim. The next step is for Mr C to pursue his claim by taking the Council to court, directly or through his building insurer.
8. 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. 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. I cannot decide whether the Council has been negligent and have no powers to enforce an award of damages.
10. Because of the seriousness of the issue Mr C complains about and the significant sum of compensation he is seeking, I find it is reasonable and proportionate to expect Mr C to pursue his claim at court.
11. So, we will not investigate this complaint.

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Final decision

12. We will not investigate Mr C’s complaint because it is reasonable to expect him to pursue his compensation claim by taking the Council to court.

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Investigator's decision on behalf of the Ombudsman