Summary: We will not investigate this complaint about a drainage matter because the courts and insurers are better placed to consider the issue.

The complaint

1. Mrs Y complained the Council has failed to repair a sinkhole outside her property, which is causing damage to her property, especially its foundations.
2. Mrs Y is concerned about the damage to her home and says she feels unsafe due to cracks appearing in her walls.

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The Ombudsman’s role and powers

3. 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 there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

4. I considered information Mrs Y provided and the Ombudsman’s Assessment Code.

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My assessment

5. A collapsed drain has led to a sinkhole outside Mrs Y’s property. The Council has inspected the sinkhole and tried, where it has been able to identify the issue. It says it has been investigating the issue, but is unsure which body is responsible for the repair to the drain.
6. The Council has contacted the local water supplier and asked it to confirm whether it is responsible for the repair, but as yet has not received a response. It has said it is unable to act further while there is uncertainty about who is responsible for the repair. Consequently, the liability for the repair is unknown.
7. The legislation from which the Ombudsman takes their power also places some restrictions on what we may investigate. One of these concerns negligence claims about damage to property or personal injury. We cannot determine liability claims such as this or negligence. These are legal claims which may only be determined by insurers or the courts.
8. Consequently, any claim for damages, such as costs for repairs, which Mrs Y considers the Council to be responsible for, are matters more appropriately dealt with by the courts. We will not investigate this complaint.

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Final decision

9. We will not investigate Mrs Y’s complaint because the courts and insurers are better placed to consider the issue.

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Investigator's decision on behalf of the Ombudsman