The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s liability for damage at a property, because Mrs X has an alternative legal remedy. Claims such as these are best resolved by the courts and in any case, we cannot decide on liability, therefore it would be reasonable to expect Mrs X to use this alternative remedy.
The complaint
Mrs X complained the Council did not support her in her claim for damage, to her property. She said this occurred following work on her property by private contractors, recommended by the Council. Mrs X said she has suffered extensive property damage and emotional distress.
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 I considered the Ombudsman’s Assessment Code.
My assessment
Mrs X said her roof was damaged by private contractors, who were carrying out work, as a result of Council funded grant. She said because the Council appointed the contractors, it was therefore liable for the damage to her property and for the emotional impact that followed.
We will not investigate Mrs X’s complaint. The Ombudsman will not normally investigate complaints about damage to property arising from claims of negligence.
Negligence claims and interpreting the law around legal torts are generally best decided by a court where no insurance liability is accepted. Only a court can decide whether the Council is liable to pay damages for the loss Mrs X has claimed.
Final decision
We will not investigate this complaint because Mrs X has an alternative legal remedy and because only a court can decide on liability and we cannot, it would be reasonable to expect her to use it.
Investigator's decision on behalf of the Ombudsman