Summary: We will not investigate Mr X’s complaint that the Council damaged his property during building works to adapt it to meet his disabilities. This is because the courts are better placed to investigate any liability claims.

The complaint

1. Mr X complains the Council damaged his wallpaper and carpet during building works carried out under a Disabled Facilities Grant. He says the contractor did not return his keys either.

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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 impact 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 or continue an investigation if we decide:

• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• there is another body better placed to consider this complaint.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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)

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How I considered this complaint

4. I considered information provided by Mr X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X says the Council damaged his carpets. He wants new carpets fitted. In its complaint response, the Council said it visited Mr X’s property to assess any damage. It found no signs of damage but noted plaster dust on the carpet. It said it offered to get the carpet professionally cleaned which Mr X declined.
7. It is reasonable to expect Mr X to take any damage claim to court if he is unhappy with the Council’s decision. It is the appropriate body to decide on liability issues and damage claims.
8. Mr X complains of damage to his wallpaper. He says the contractor also failed to return his keys in good time. The Council told us it has since replaced the wallpaper and returned Mr X’s keys. Further investigation in this matter will not achieve a different outcome. Therefore, I will not investigate.

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Final decision

9. We will not investigate Mr X’s complaint because it is reasonable for Mr X to take any liability claims to court.

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Investigator's decision on behalf of the Ombudsman