London Borough of Redbridge (19 015 318)
Category : Environment and regulation > Other
Decision : Closed after initial enquiries
Decision date : 26 Jan 2020
The Ombudsman's final decision:
Summary: The Ombudsman will not investigate Mrs X’s complaint about an allegation of damage to her property by a waste collection vehicle. This is because it is reasonable for Mrs X to use the legal remedy available to her.
The complaint
- Mrs X complains a council waste collection vehicle damaged a wall at her property. Mrs X wants the Council to pay for the damage.
The Ombudsman’s role and powers
- 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)
How I considered this complaint
- I considered Mrs X’s complaint to the Ombudsman and the information she provided. I also gave Mrs X the opportunity to comment on a draft statement before issuing a final decision on her complaint.
What I found
- Mrs X says a council waste collection vehicle damaged her property. Two council officers visited the day after the damage took place, but the matter has not been resolved. Mrs X wants the Council to pay for the damage.
- The role of the Ombudsman is to consider complaints about administrative fault. We cannot establish liability in complaints involving damage to property. Claims for damage to property are a matter for the Council’s insurers and, ultimately, for the courts.
- If the matter cannot be settled directly with the Council, Mrs X will need to make a formal claim against the Council’s insurers. If the Council’s insurers reject the claim, Mrs X can take the matter to court. I consider it would be reasonable for her to do so. This is because only the Court can decide if the Council is responsible for the damage to Mrs X’s property. The Court can decide what damages, if any, the Council should pay. These are not decisions the Ombudsman can take.
Final decision
- The Ombudsman will not investigate Mrs X’s complaint. This is because it is reasonable for Mrs X to use the legal remedy available to her.
Investigator's decision on behalf of the Ombudsman