Summary: We will not investigate Mr B’s complaint that his home is being damaged due to the Council’s decision to put speed humps on his road. This is because it is reasonable for Mr B to put in a claim on the Council’s insurance, and if needed, take the Council to court.

The complaint

1. Mr B complains his house is being damaged because of the Council’s decision to put speed humps on the road where he lives. Mr B says most vehicles do not slow down and he is concerned that the foundations of his house are being damaged by the vibrations. Mr B would like the Council to replace the speed humps with speed cameras.

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

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My assessment

6. The Council has responded to Mr B’s complaint by saying it considered speed humps were the best option to slow traffic on this route. The Council said the speed humps comply with relevant guidance and legislation. The Council said it is very unlikely the speed humps are causing damage to his property.
7. The role of the Ombudsman is to consider complaints of administrative fault. We cannot decide liability in complaints about damage to property. This is for the Council’s insurers and ultimately for the courts.
8. Only the court can decide if the Council has been negligent. The court can decide what damages, if any, the Council should pay. Also, unlike the Ombudsman, the court can order a party to pay damages.
9. As advised by the Council, If Mr B wishes to pursue this matter he may get an independent inspection of his property and put in a claim to the Council’s insurers. If he is not satisfied with the Council’s insurer’s decision on his claim, Mr B may take the Council to court.
10. Because of the seriousness of the issue Mr B complains about, I find it is reasonable and proportionate to expect him to pursue this matter at court if needed. Also, Mr B’s building insurer may be able to help him pursue a claim against the Council.
11. So, we will not investigate this complaint.

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Final decision

12. We will not investigate Mr B’s complaint because it is reasonable for him to take the Council to court.

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Investigator's decision on behalf of the Ombudsman