The Ombudsman's final decision
Summary: We will not investigate this complaint about damage caused to Mr X’s property which he says was caused as a result of the Council’s failure to maintain its adjacent land. This is because Mr X has a legal remedy against the Council which places the complaint outside our jurisdiction.
The complaint
Mr X complains the Council failed to maintain an area of overgrown land adjacent to his own property which has caused damage to his property, and he seeks compensation.
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 the complainant, including the Council’s response to the complaint.
I considered the Ombudsman’s Assessment Code.
My assessment
The restriction highlighted at paragraph 3 applies to Mr X’s complaint. It is open to him to make an insurance claim against the Council for the damage he claims it is responsible for. If the claim is refused, he has an alternative remedy against the Council through the courts and as we would reasonably expect him to make use of this alternative remedy, the complaint falls outside our jurisdiction and will not be investigated.
Final decision
We will not investigate Mr X’s complaint because he has a legal remedy against the Council which places the complaint outside our jurisdiction.
Investigator's decision on behalf of the Ombudsman