The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about property damage. The court is best placed to consider claims about damage to property.
The complaint
Mr X complains the Council damaged his property while carrying out building work on the property next door.
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)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X lives next to a Council property. The Council began significant works to the property next door. The Council did not ensure a party wall agreement was in place prior to starting the works.
Structural issues were identified during the works.
Mr X complains the Council damaged his property while carrying out the building work.
Where someone complains about damage to property, we will normally signpost them to the court process. The court is best placed to consider this matter and decide whether the Council is liable for the cost of remedial works to Mr X’s property or any compensation.
Final decision
We will not investigate Mr X’s complaint. The court is best placed to consider claims about damage to property.
Investigator's decision on behalf of the Ombudsman