The Ombudsman's final decision
Summary: We will not investigate Mr C’s complaint that a footpath laid by the Council has resulted in water damage to his home. This is because it is reasonable for Mr C to put in a compensation claim, and if needed, take the Council to court.
The complaint
Mr C complains his property has been affected by severe damp and mould because the Council laid a footpath over the damp course of his property. Mr C says the Council has taken too long to accept responsibility for the damage. Mr C would like the Council to pay him compensation and do all the necessary work to put right the cause of this problem.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
The Act 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 Mr C.
I considered the Ombudsman’s Assessment Code.
My assessment
We do not normally investigate complaints about property damage. This is because in effect such complaints are that an organisation has been negligent. Our role is to consider complaints of administrative fault. We take the view negligence claims are best decided by an organisation’s insurers, and if needed, the courts. Only the courts can decide if the Council has been negligent and enforce an award of damages.
So, I would usually expect someone in Mr C’s position to put in a compensation claim to the Council’s insurers, and if needed, pursue the claim at court. I find it is reasonable and proportionate for Mr C to do this, either directly or via his building insurer.
So, we will not investigate this complaint.
Final decision
We will not investigate Mr C’s complaint because it is reasonable for him to take the Council to court.
Investigator's decision on behalf of the Ombudsman