Summary: We will not investigate Mrs X’s complaint about damage to her property. This is because we cannot determine liability for damages. It would be reasonable for Mrs X to make her claim to the Council, and then refer it to the small claims court if she remains dissatisfied.

The complaint

1. Mrs X complains a carer broke part of her stairlift affecting her ability to get up and down the stairs.
2. Mrs X has repaired the stairlift and would like the care provider to reimburse the full cost. However, it has only offered to pay half.

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The Ombudsman’s role and powers

3. 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)
4. We have the power to start or discontinue an investigation into a complaint within our jurisdiction. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been, raised within a court of law. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)

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How I considered this complaint

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mrs X receives care from a care provider arranged by the Council.
8. Mrs X says a carer damaged her stairlift. She got it repaired and asked the care provider to refund the cost. The care provider has offered her half. Mrs X is not happy with this.
9. We will not investigate. This is because it is reasonable for Mrs X to raise her complaint with the Council, as a request for compensation via its insurers. If the Council refuses this request, it is reasonable for Mrs X to make a claim via the small claims court. The fee for this would be £35, however if Mrs X has a low income or claims certain benefits, she may be entitled to this fee being waived.

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Final decision

10. We will not investigate Mrs X’s complaint because it is best raised as a claim for compensation via the Council, and a claim in the small claims court if necessary.

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Investigator's decision on behalf of the Ombudsman