Summary: We will not investigate Mr X’s complaint about a dangerous road junction which he believes is to blame for his financial loss following a road traffic accident. This is because the injustice Mr X claims is not the result of any fault by the Council.

The complaint

1. The complainant, Mr X, considers the Council should compensate him for financial loss resulting from a road traffic accident which damaged his vehicle. He believes the Council is responsible for the accident and the damage to his vehicle because it has not improved visibility at the junction, which he says is dangerous.

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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 Mr X and the Ombudsman’s Assessment Code.

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My assessment

6. We cannot say the Council is responsible for Mr X’s accident or that it must pay Mr X the cost of his excess or the possible future increases in his insurance premiums; the injustice he claims is too far removed from the alleged fault in its actions.
7. If Mr X considers the Council is liable for his losses it would be reasonable for him to make a claim against it at court.
8. If Mr X believes the Council should improve the road junction he may wish to make a request for it to do so. The Council is under no obligation to take action but it should consider any request and provide reasons if it decides not to. If Mr X believes the Council has failed to properly consider his request he may make a new complaint and we will consider whether to investigate it. But we could not say any failures in this process in the past caused his accident.

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Final decision

9. We will not investigate this complaint. This is because we cannot hold the Council responsible for the injustice Mr X claims.

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Investigator's decision on behalf of the Ombudsman