The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s removal of foliage which Mr X says led to his home being burgled. It is reasonable for Mr X to submit an insurance claim against the Council and if no liability is accepted to seek a remedy in the courts.
The complaint
Mr X complained about the Council’s failure to engage with him over a burglary which he experienced following its removal of deterrent foliage from an alleyway alongside his property. He says the Council should consider compensating him for his loss due to its negligence.
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 Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X says the Council cut back prickly foliage in an alleyway which runs alongside his property. He says that shortly after this his home was burgled and he holds the Council responsible for the increased vulnerability of his boundary.
The Council told him that the alleyway is a right of way and the Council has maintained the foliage growth within it for years as its duty to keep public rights of way passable for pedestrians. The Council denies liability for the crime and pointed out to Mr X that, despite having anti-burglar spikes on his boundary, the culprit still accessed it over a high wall and gate. It says it is likely a ladder was used and any incidental protection by the vegetation would not have prevented this.
The Council has investigated Mr X’s complaint but does not believe it can be resolved through its complaints procedure. If Mr X believes it has been negligent the Council advised him to submit a claim against its public liability insurance.
The legislation from which the Ombudsman takes his powers also places some restrictions on what we may investigate. One of these concerns negligence claims about damage to property or personal injury. We 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.
If no liability is accepted by the Council it is reasonable for Mr X to seek a remedy in the courts, which are the only bodies which can determine liability for legal torts.
Final decision
We will not investigate this complaint about the Council’s removal of foliage which Mr X says led to his home being burgled. It is reasonable for Mr X to submit an insurance claim against the Council and if no liability is accepted to seek a remedy in the courts.
Investigator's decision on behalf of the Ombudsman