Mr X says his home is now affected by mould and caused his wife to be hospitalised. He would like the Council to admit liability for the damage.
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. I also considered the Ombudsman’s Assessment Code.
My assessment
The Council has denied liability and turned down Mr X’s insurance claim.
We will not investigate as it is reasonable to expect Mr X to now take his claim for property damage to court. The courts are best placed to decide liability and determine any award of damages.
Final decision
We will not investigate Mr X’s complaint because it is reasonable to expect him to take his claim for property damage to court.
Investigator's decision on behalf of the Ombudsman