North Tyneside Metropolitan Borough Council (23 011 459)
Category : Adult care services > Disabled facilities grants
Decision : Closed after initial enquiries
Decision date : 28 Nov 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint about a wet room installed in 2016. The matter is best dealt with through the court.
The complaint
- Mr X complained that a Council contractor (the Contractor) failed to install his wet room properly in 2016. He said that meant there was now damp in his property. He wants the Council to contribute to the cost of repairs as the work was completed through a disabled facilities grant (DFG). He said his insurance provider had rejected his claim.
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 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
- We will not investigate this complaint. That is because Mr X’s complaint is an allegation of negligence against the Council and the Contractor for works not completed correctly. We cannot resolve the dispute between Mr X and the Council by deciding on the negligence and liability issues he raises. These are legal matters only insurers and the courts can decide. As Mr X’s insurance provider has rejected his claim, the legal matters raised can only be determined by a court. The court can award the financial remedy he seeks.
Final decision
- We will not investigate Mr X’s complaint because it is not unreasonable for him to take court action.
Investigator's decision on behalf of the Ombudsman