The Ombudsman's final decision
Summary: We will not investigate this complaint about highways maintenance because there is another body better placed to consider this complaint.
The complaint
Miss Y complained the Council flooded her property and garden during works on its drainage system. Miss Y says this has caused damage to her property and belongings.
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 impact 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 or continue an investigation if we decide there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information Miss Y provided and the Ombudsman’s Assessment Code.
My assessment
The legislation from which the Ombudsman takes their power also places some restrictions on what we may investigate. One of these concerns negligence claims about damage to property or personal injury. We cannot determine liability claims for negligence. These are legal claims which may only be determined by insurers or the courts.
Miss Y has begun a claim against the Council’s insurer. As explained above we are not able to decide liability or award damages. Consequently, any claim for damages, such as costs for repairs, which Miss Y considers the Council to be responsible for, are matters more appropriately dealt with by the courts. It is therefore reasonable for Miss Y to pursue this claim through either the Council’s insurer or the courts. We will not investigate this complaint.
Final decision
We will not investigate Miss Y’s complaint because there is another body better placed to consider this complaint.
Investigator's decision on behalf of the Ombudsman