Summary: We will not investigate this complaint about the Council’s alleged negligence. It would be reasonable for Ms A to take the matter to court. The complaint is also late and there are no good reasons to exercise our discretion to investigate.

The complaint

1. Ms A says the Council mishandled the demolition of a building. This led to extensive damage to her property.
2. Ms A also says the Council has failed to keep its promise to fix the issues caused by its negligence.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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)
5. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)

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How I considered this complaint

6. I considered information provided by the Ms A and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. Ms A says she would like the Council to keep to its promise to fix the damage she says it caused.
9. The role of the Ombudsman is to consider the Council’s administrative actions. It is not our role to say whether the Council’s actions caused damage to Ms A’s property or if it was negligent. These are issues that can only be determined by the Courts should the Council deny liability. Therefore, it would be reasonable for her to take the matter to court.
10. Ms A says the damage to her property happened in 2015 and she has been asking the Council to fix the issue since.
11. Aside from the fact the subject of the complaint is a matter for the courts, Ms A’s complaint is late, and there is no reason she could not have complained to us before now.

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Final decision

12. We will not investigate Ms A’s complaint because it is reasonable for her to take the matter to court. The complaint is also late and there are no good reasons to exercise discretion and investigate.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman