Summary: We will not investigate this complaint about the Council’s failure to ensure that driveway works at Mr X’s property were carried out satisfactorily. We cannot determine claims about negligence or damage to property and it is reasonable for him to make an insurance claim and pursue a legal remedy if no liability is accepted.

The complaint

1. Mr X complained about the Council’s failure to carry out work satisfactorily to a vehicle crossing which he paid for. He says the contractors were negligent, the workmanship was poor and damage was caused to drainage channels on his property.

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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 and the Council’s response.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X applied to the Council for a vehicle crossing which was approved. The Council’s contractors carried out the work and he says he paid £4,500 for it. He is dissatisfied with the quality of the work and says that the contractors negligently clocked his recently installed drainage channels with concrete and left staining on his private driveway. He says the quality of the concrete finish is below standard and wants the work completing properly.
6. The Council agreed that the channels should be cleared out or replaced and the staining removed. It says that any claim for damages or defects should be made against the contractor’s public liability insurance. Mr X says he signed a contract with the Council for the works.
7. The legislation from which we take our powers also places some restrictions on what we may investigate. One of these concerns negligence claims about damage to property or personal injury. The Ombudsman 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. This will then be treated as a claim, rather than a complaint and passed on to its insurers or legal team for a response on liability.
8. Whether Mr X submits a claim against the Council or its contractor, if liability is not accepted negligence claims, and interpreting the law around legal torts, are generally best decided by a court. We cannot determine civil claims about legal torts.

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Final decision

9. We will not investigate this complaint about the Council’s failure to ensure that driveway works at Mr X’s property were carried out satisfactorily. We cannot determine claims about negligence or damage to property and it is reasonable for him to make an insurance claim and pursue a legal remedy if no liability is accepted.

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Investigator's decision on behalf of the Ombudsman