Durham County Council (21 008 906)
Category : Environment and regulation > Other
Decision : Closed after initial enquiries
Decision date : 28 Oct 2021
The Ombudsman's final decision:
Summary: We will not investigate this complaint about damage caused to Miss X’s car by Council grass cutters working in the area. This is because it is reasonable for her to seek a remedy in the courts following the Council’s denial of liability.
The complaint
- Miss X complained about the Council rejecting her insurance claim for damage to her car which she claims was caused by Council grass cutters. She says an object thrown up by a mower broke a window in her car. She wants the Council to accept liability for the damage and the costs which she incurred.
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 information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Miss X says her car window was broken when Council workers cut the grass with mowing machines nearby. She had to pay the insurance excess for the repair and incurred costs for cleaning the interior and for using alternative transport when her car was under repair.
- She submitted a claim to the Council, but its insurers denied liability for the damage. It claimed that its machines are fitted with stoneguards and does not accept the claim of negligence.
- The legislation from which the Ombudsman takes his powers also places some restrictions on what we may investigate. One of these concerns negligence claims about damage to property or personal injury. The Ombudsman cannot determine liability claims for negligence. These are legal claims which may only be determined by insurers or the courts. It is reasonable for Miss X to seek a remedy in the courts for the damage which she claims.
Final decision
- We will not investigate this complaint about damage caused to Miss X’s car by Council grass cutters working in the area. This is because it is reasonable for her to seek a remedy in the courts following the Council’s denial of liability.
Investigator's decision on behalf of the Ombudsman