The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s response or consideration of a claim of liability, for damage to a boundary wall. This is because we cannot achieve the outcome Mrs X is seeking.
The complaint
Mrs X complained about the Council’s response to her report a boundary wall had been damaged, because of overgrown vegetation. Mrs X said the Council’s insurers have denied liability and she believes the Council is responsible. Mrs X was also unhappy with how the Council responded and communicated with her over this issue.
Mrs X wants the Council to provide compensation for costs incurred in replacing the damaged structure.
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) 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 we cannot achieve the outcome someone wants.
How I considered this complaint
I considered information provided by Mrs X and the Council.
I considered the Ombudsman’s Assessment Code.
Final decision
We will not investigate Mrs X’s complaint because we cannot decide on liability, only the courts can, and therefore we cannot achieve the outcome she is seeking.
Investigator's decision on behalf of the Ombudsman