Summary: We will not investigate Ms X’s complaint about the Council erecting scaffolding on her property without her knowledge or permission. This is because this is a complaint about negligence which is a matter best considered and decided via the Council’s insurers or the small claims court.

The complaint

1. The complainant, whom I shall call Ms X, complains the Council entered her garden and erected scaffolding on her property without her knowledge or permission. She complains about the impact of this and the damage caused to her property and belongings. Ms X seeks compensation from the Council.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
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)

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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. Ms X complained to the Council after it accessed her garden and erected scaffolding on her property without her knowledge or consent. It did so to carry out work on a Council property above Ms X’s. Ms X’s property is privately owned.
8. The Council agreed it should have consulted with Ms X in advance and apologised that this did not happen. It also acknowledged the contractors should not have entered her property without her permission. It provided Ms X with details of its insurers for her to make a claim for damages. It also signposted Ms X to this office.
9. We will not investigate this complaint. This is because it is reasonable to expect Ms X to make a claim via the Council’s insurers as set out in the Council’s final response. If the Council denies liability, or Ms X is dissatisfied with the claim outcome, she can use her right to pursue her claim for damages via the small claims court. We cannot decide a negligence claim or make a ruling on whether the damages Ms X seeks should be awarded. That is a legal matter for the courts to consider and decide. Making a claim is a simple and accessible process.

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Final decision

10. We will not investigate Ms X’s complaint because she can make a claim for damages to the Council’s insurer and if this is denied then via the small claims court.

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Investigator's decision on behalf of the Ombudsman