Summary: We will not investigate Mr B’s complaint that his property is being damaged by buses driving over an ineffective speed hump next to his home. This is because it is reasonable for Mr B to put in a claim to the Council’s insurers, and if needed, take the Council to court.

The complaint

1. Mr B complains an ineffective speed hump on the road outside his home causes his house to vibrate each time a bus drives past at full speed. Mr B says this is causing damage to his property, and his family suffer sleepless nights. Mr B would like the Council to remove the speed hump or raise the hump so it actually makes vehicles slow down.

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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 role of the Ombudsman is to consider complaints of administrative fault. Complaints about property damage are best decided by an organisation’s insurers, and if needed, the courts.
7. The Council says the speed hump is in line with the relevant dimension requirements for this type of road. The Council has contacted Transport for London about the speed of buses using this route. The Council has also explained why it does not consider this speed hump is causing damage to Mr B’s property.
8. Mr B may pursue this matter by asking his building insurer to investigate the damage to his property and if appropriate, by putting in a claim to the Council’s insurers. If the Council’s insurers do not provide an outcome Mr B is satisfied with, he may take the Council to court.
9. Because of the seriousness of the issue complained about, I find it is reasonable and proportionate for Mr B to do this. The courts are in the best position to decide a property damage dispute and unlike the Ombudsman can order a party to pay damages.
10. So, we will not investigate this complaint.

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Final decision

11. We will not investigate Mr B’s complaint because it is reasonable for him to pursue this matter at court if needed.

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Investigator's decision on behalf of the Ombudsman