The Ombudsman's final decision
Summary: We will not investigate this complaint about highway maintenance. This is because the court is better placed to consider this complaint. As we are not able to deal with the substantive issue, we will not investigate how the Council handled the complaint.
The complaint
Mr Y complained the Council and its contractors have caused damage to his property during and following maintenance works on the pavement. Mr Y says both the Council and the contractor have accepted liability for the part of the cost of repairs following the damage to his home, but he is not satisfied with the offer made. Mr Y also says the Council has failed to deal with his complaint in a timely manner.
Mr Y says the issue has caused him considerable inconvenience and annoyance as well as the financial cost.
The Ombudsman’s role and powers
The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6)) It is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue.
How I considered this complaint
I considered information Mr Y provided and the Ombudsman’s Assessment Code.
My assessment
Following pavement resurfacing works by the Council and its contractor, Mr Y says his property flooded in February 2020. He complained to the Council and the contractor shortly after this. In October 2021, Mr Y says the Council and the contractor admitted liability for the damage caused to his property. In January 2022, the contractor made an offer to settle part of Mr Y’s claim for the damage to his property from the flooding in 2020. Mr Y then complained about the delay in the Council’s handling of the complaint. The contractor later confirmed in June 2022, that it had made the offer and would not increase it further and referred Mr Y to us.
Analysis The legislation from which the Ombudsman takes their power 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.
We are not able to decide liability or award damages. Consequently, any claim for damages, such as costs for repairs, which Mr Y considers the Council to be responsible for, are matters more appropriately dealt with by the courts. We will not investigate this complaint.
As explained in paragraph four, as we are not investigating the substantive issue, it is not a good use of public resources to investigate how the Council handled Mr Y’s complaint about the flooding. Therefore we will not investigate.
Final decision
We will not investigate Mr Y’s complaint because the court is better placed to consider this complaint and as we are not able to deal with the substantive issue, it is not a good use of public resource to investigate how the Council handled the complaint.
Investigator's decision on behalf of the Ombudsman