Summary: We will not investigate Mr C’s complaint about damage to his car caused by a waste collection vehicle. This is because the matter of liability can only be determined by insurers or the courts.

The complaint

1. The complainant, who I shall refer to as Mr C, complains that damage was caused to his car by a waste collection vehicle which was contracted by the Council. Mr C wants the Council to compensate him for the damage to his car and for the distress this has caused him.

Back to top

The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended)
3. The law also 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)

Back to top

How I considered this complaint

4. I have considered Mr C’s complaint and the Council’s response. I have invited Mr C to comment on a draft version of this decision.

Back to top

What I found

5. In October 2020, Mr C contacted the Council to inform it that a waste collection vehicle, operated by its contractor, had hit his car. Mr C asked the Council to compensate him for the damage this had caused to his car and for the distress the incident had caused him.
6. The Council forwarded Mr C’s claim on to its contractor. The Council’s view was that this is a matter between Mr C’s and its contractor’s insurers.

Assessment

7. I will not start an investigation because the matter of liability for damage to Mr C’s vehicle is a matter for insurers and the courts.
8. Mr C can ask his insurers to make a claim against the Council’s contractor’s insurers. If it is rejected, he can take the matter to court. The Court can decide liability and if Mr C is entitled to damages.

Back to top

Final decision

9. We will not investigate this complaint. This is because the issue of liability is a matter which may be decided by insurers or in court.

Back to top

Investigator's decision on behalf of the Ombudsman