Kirklees Metropolitan Borough Council (21 008 292)
The Ombudsman's final decision:
Summary: We will not investigate this complaint about an insurance claim for liability being rejected. This is because it is reasonable to expect the complainant to pursue their claim at court.
The complaint
- The complainant, who I will call Miss X, says the Council are liable for fees she incurred after a planned move to a Council property fell through in 2018. Miss X complains that the Council provided inaccurate information to insurers, leading to a claim she made for the fees being rejected.
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)
- 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)
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- I will not investigate the events that led to Miss X’s property being placed in storage because they happened too long ago. Miss X could have complained to the Ombudsman sooner but instead decided to pursue the matter via an insurance claim.
- I will not investigate how the Council handled the insurance claim because, now insurers have rejected her claim for liability, it is reasonable for Miss X to pursue her claim through the courts. The fees for making a claim are relatively modest and Miss X may ask for the fee to be reimbursed if her claim is successful.
Final decision
- We will not investigate Miss X’s complaint because it is reasonable for her to pursue the matter via the courts.
Investigator's decision on behalf of the Ombudsman