Summary: We will not investigate Mr X’s complaint which centres around a dispute over liability for damages and rental costs. Mr X has an alternative legal remedy, and given the circumstances of his complaint, it would be reasonable to expect him to use it.

The complaint

1. Mr X complained because his property was damaged, while it was stored in a garage he rented from the Council, and he believes the Council is financially responsible for his loss. Mr X was also unhappy the Council charged him rent after the damage was discovered, saying the garage was not fit for its intended use and the Council should come to an agreement about its liability for damages.

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The Ombudsman’s role and powers

2. 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

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

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My assessment

5. Mr X had been storing property in a garage and found the property damaged because of water ingress. He complained to the Council about this, as well as the fact the Council had charged him rent on the garage, after he discovered the damage.
6. We will not investigate this matter for two reasons. Firstly, we cannot decide on liability for Mr X’s loss, because only the Council’s insurers or the courts can make this decision and only the courts can make an award if liability is disputed.
7. Secondly, Mr X disputes the fact he owes the rental costs of the garage, saying it is not fit for its intended use, and he wanted to resolve the costs of replacing his damaged property, before handing the garage back.
8. We will not investigate this part of Mr X’s complaint either, because it is a dispute about a contractual matter and liability, underpinned by Mr X’s belief the Council is responsible for his loss. In all the circumstances of this complaint, Mr X has an alternative remedy to resolve his dispute through the courts.
9. Given that it is only the courts who can make these judgements, and not us, it would be reasonable to expect Mr X to use his alternative legal remedy.

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Final decision

10. We will not investigate Mr X’s complaint because there is an alternative legal remedy, and it would be reasonable to expect Mr X to use this to resolve his dispute.

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Investigator's decision on behalf of the Ombudsman