The Ombudsman's final decision
Summary: We will not investigate this complaint about the damage caused to the complainant’s worktop. It would be reasonable for the complainant to take the matter to court.
The complaint
Ms X says the Council's carer burnt a hole in her worktop when they turned the halogen oven on. When she complained the Council advised her to make a claim on her household insurance.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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 Ms X and the Council.
I considered the Ombudsman's Assessment Code.
My assessment
The Council has now apologised and has said a claim has been submitted for the Council to replace Ms X's worktop.
However, Ms X is unhappy about this as she says she thinks the Council will replace the worktop with a different colour.
The role of the Ombudsman is to consider the Council's administrative actions. It is not our role to say whether the Council's actions caused damage to Ms X's property or if it was negligent. These are issues that can only be determined by the Courts should the Council deny liability. Therefore, it would be reasonable for her to take the matter to court.
Final decision
We will not investigate Ms X's complaint because it would be reasonable for her to take the matter to court.
Investigator's decision on behalf of the Ombudsman