Summary: We will not investigate Mr X’s complaint about damage to a gravestone and the Council’s refusal to pay the cost of repairing it. This is because insurers and the courts are better placed to decide on matters of liability and payment of damages.

The complaint

1. The complainant, whom I shall call Mr X, complains about damage to his parents’ gravestone. Mr X believes the damage was caused by the gravestone being struck by machinery operated by council staff and wants it to pay for the damage.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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 Mr X’s complaint to the Ombudsman and the information he provided. I also gave Mr X the opportunity to comment on a draft statement before reaching a final decision on his complaint.

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What I found

5. Mr X says that in July 2020, he learnt of damage to his parents’ gravestone. Mr X contacted the Council and submitted complaints. Mr X believes the gravestone could only have been damaged due to it being struck by machinery operated by council staff. Mr X therefore wants the Council to pay for the damage.
6. The Council has responded to Mr X’s complaints. In its final response it accepted the gravestone was damaged. It said it was not clear if it was directly hit and broken or knocked and toppled over. The Council said there were no witnesses to what happened or evidence the Council, or its contractors were responsible. It therefore refused Mr X’s request the Council pay for the damage.
7. The role of the Ombudsman is to look for administrative fault. It is not our role to decide claims involving damage to property. These are matters for insurers, and ultimately, the courts. It is therefore open to Mr X to make a formal claim for damages against the Council’s insurers. If his claim is rejected, Mr X can make a claim in court. The Court can then decide if the Council was responsible for the damage and liable to make a payment to Mr X. These are not matters we can decide. Only the courts can determine such matters and it is reasonable to expect Mr X to use this right of remedy if the Council rejects his claim.

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Final decision

8. We will not investigate Mr X’s complaint. This is because insurers and the courts are better placed to decide on matters of liability and payment of damages.

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Investigator's decision on behalf of the Ombudsman