The Ombudsman's final decision
Summary: We will not investigate Mr X’s dissatisfaction with the Council’s response to his insurance claim. 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 the complainant to go to court.
The complaint
In summary, Mr X says a blocked gulley caused flooding and damage to his property alongside causing stress adversely affecting his health.
Mr X would like an apology, and his driveway reinstated.
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
The Council has offered Mr X an amount to settle his claim for damages. Mr X is dissatisfied with the amount offered.
We will not investigate because the matter of liability for damages is usually decided in the courts. It is reasonable for Mr X to take the matter to the small claims court. The court is best placed to decide if the Council is liable for the damage and if Mr X is entitled to claim the costs claimed.
Final decision
I will not investigate. This is because it is reasonable to expect Mr X to go to court to determine the extent of the Council’s liability for his claim.
Investigator’s decision on behalf of the Ombudsman
Investigator's decision on behalf of the Ombudsman