The Ombudsman's final decision
Summary: We will not investigate Ms X’s complains about the Council’s failure to compensate her for property damage. We cannot decide liability and it is reasonable to expect her to pursue her claim in court.
The complaint
Ms X says the Council failed to remove fixing rods when it removed a road sign from her home ten years ago. She says this allowed water in, and she has had to pay for remedial works. She wants the Council to pay back her financial costs.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended) 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.
I considered the Ombudsman’s Assessment Code.
My assessment
We cannot make findings on issues of liability for damage to property. Only insurers or the courts can make those decisions.
The Council has refused Ms X’s insurance claim. It is now for the courts to decide her liability claim against the Council. We recognise Ms X may not wish to go to court. But it would be reasonable for her to pursue this route because it is the process she needs to use to get the required finding of legal liability against the Council which is at the core of her complaint.
Final decision
We will not investigate Ms X’s complaint because it would be reasonable for him to pursue this matter in court to establish the required legal liability finding of property damage and the redress she is seeking.
Investigator's decision on behalf of the Ombudsman