The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about damage to his property. This is because it does not meet the tests in our Assessment Code on how we decide which complaints to investigate. It is reasonable to expect Mr X to go to court to determine the Council’s liability for the damage to his property.
The complaint
In summary, Mr X would like the Council to repair the rendering to his property. He says it was damaged when Council contractors were cutting grass nearby.
The Ombudsman’s role and powers
We provide a free service but must use public money carefully. We do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended) 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 considered the Ombudsman’s Assessment Code.
My assessment
We will not investigate because the matter of liability for damages is usually decided in the court after making a claim on the Council’s insurance. If the insurance claim is denied it would be reasonable for Mr X to go to court to protect his private property interests. The court is best placed to decide Council liability.
Final decision
I will not investigate. This is because it is reasonable to expect Mr X to go to court to decide the Council’s liability for the damage to his property.
Investigator's decision on behalf of the Ombudsman