The Ombudsman's final decision
Summary: We will not investigate Ms X’s complaint about the liability for septic tank repairs. It is reasonable to expect Ms X to apply to Court which is better placed to decide this dispute.
The complaint
Ms X says the Council failed to install a sewerage system properly and failed to carry out proper Building Control inspections.
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 Ms X which included the Council’s response to her.
I considered the Ombudsman’s Assessment Code.
My assessment
Ms X says the Council installed a septic tank in 2014 which served her and neighbouring properties. Ms X says she was a tenant but bought her home on the right to buy scheme in 2019. She says in 2023, the land near the septic tank started to shrink. She says investigations revealed the tank had not been installed as it should have been and in accordance with the manufacturer’s requirements. She says this cost £17 000 to fix.
Ms X says besides not installing it properly, the Council failed to carry out proper building regulations inspections. In reply to her complaint, the Council says Ms X’s survey could have covered this before she bought her home.
Analysis We should not investigate this complaint. Ms X bought into the problem. This dispute on liability is one which is more suited to the Courts. As a home owner it is reasonable to expect Ms X to take Court action.
Final decision
We will not investigate Ms X’s complaint because it is reasonable to expect Ms X to apply to Court.
Investigator's decision on behalf of the Ombudsman