The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s failure to carry out work to address damp in Ms X’s privately-owned property. This is because Ms X can take the Council to court if she believes it is responsible for the damp and so the complaint falls outside our jurisdiction.
The complaint
The complainant, who I refer to as Ms X, says the Council will not help rectify the damp problems her property is experiencing.
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
Ms X owns her own property which has suffered with damp problems for a number of years. In the past the Council paid for work to address some of these problems.
Following a recent surveyor’s report, the Council has advised Ms X she should arrange for her own professional damp survey to be carried out and that as freeholder of the property she will need to make her own arrangements for all the remedial works required.
While this is a disappointing decision for Ms X, any dispute about liability and who should pay for the remedial work is a matter for the courts and not the Ombudsman to decide.
Ms X can make an insurance claim against the Council. If this is refused, she can take the Council to court. As she has this alternative remedy available which we would reasonably expect her to use, the complaint falls outside our jurisdiction and will not be investigated.
Final decision
We will not investigate Ms X’s complaint because she can take the Council to court if she believes it is responsible for the damp in her property and so the complaint falls outside our jurisdiction.
Investigator's decision on behalf of the Ombudsman