The Ombudsman's final decision
Summary: We will not investigate this complaint about highway maintenance because the courts and insurers are better placed to consider this complaint.
The complaint
Mr Y complained the Council has caused damage to his property during highway maintenance and widening works and despite previously agreeing to pay for some works to be done, have failed to pay.
Mr Y says this has damaged his property, which is now in need of repair and caused him upset and due to the Council using some of his land during the works, he is unable to access parts of his property. He says he has also spent significant time in deal with this matter.
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 Mr Y and the Council 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. These are legal claims which may only be determined by insurers or the courts.
We are not able to decide liability or award damages. This is not within our power to decide. Consequently, any claim for damages, such as costs for repairs to his driveway or to the cost of surveyors, which Mr Y considers the Council to be responsible for, are matters more appropriately dealt with by the courts or through Mr Y making a claim against the Council’s own insurance. It is therefore reasonable for Mr Y to pursue his claim through either his insurer or the courts. We will not investigate this complaint.
Final decision
We will not investigate Mr Y’s complaint because the courts and insurers are better placed to consider this complaint.
Investigator's decision on behalf of the Ombudsman