The Ombudsman's final decision
Summary: We will not investigate this complaint that vibrations caused by large vehicles travelling over a speed hump are resulting in damage to the complainant’s home. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. It would be reasonable for the complainant to pursue a court remedy if he believes the Council is liable for the damage.
The complaint
The complainant, whom I refer to as Mr X, says the Council has failed to adequately respond to his concerns that vibrations caused by large vehicles travelling over a nearby speed hump/table are resulting in damage to his home and disturbance to the enjoyment of his property.
The Ombudsman’s role and powers
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)
How I considered this complaint
I considered information provided by the complainant and the Ombudsman’s Assessment Code.
My assessment
We would normally expect someone in Mr X’s position to seek a remedy in the courts (either directly or through an insurance claim) if they think the Council is liable for damage to property. This is because adjudication on such matters usually involves making decisions on contested questions of fact and law which need the more rigorous and structured procedures of civil litigation for their proper determination. Only a court can decide if a council is liable for the damage and what compensation must be paid. We cannot determine such legal matters and have no powers to enforce an award of damages. It is therefore reasonable to expect Mr X to pursue a court remedy if the Council does not accept liability for the damage.
Final decision
We will not investigate Mr X’s complaint because it is reasonable to expect him to make a claim about the damage to his property and seek a court remedy if necessary.
Investigator's decision on behalf of the Ombudsman