Reigate & Banstead Borough Council (21 013 844)
Category : Environment and regulation > Other
Decision : Closed after initial enquiries
Decision date : 21 Jan 2022
The Ombudsman's final decision:
Summary: We will not exercise discretion to investigate this complaint about damage caused to the complainant’s property by a Council employee. This is because it is reasonable to expect the complainant to go to court to determine any liability owed by the Council.
The complaint
- In summary, Mr X complains a Council worker - while trimming a nearby grass verge – projected an object that smashed his front window.
- He complains about the Council’s denial of his insurance claim for the cost of the replacement window.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- 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
- Mr X made a claim on the Council’s insurance for £262.
- The Council’s insurers rejected his claim.
Assessment
- I will not exercise discretion to investigate because the matter of liability for damages is usually between the Council’s insurers and the courts.
- Mr X has already made an insurance claim which has been rejected. It is reasonable for him now to take the matter to court to protect his private property. The court can decide liability and if Mr X is entitled to damages.
- There is a simple procedure in the county court for dealing with small claims. Usually, solicitors are not required so the only costs will be the court fees.
- Mr X also complains about the Council’s delays in dealing with his correspondence. We cannot investigate side issues when we are not considering the substantive issue in the complaint.
Final decision
- I will not exercise discretion to investigate. This is because it is reasonable to expect Mr X to go to court to decide the Council’s liability.
Investigator's decision on behalf of the Ombudsman