Summary: We will not investigate Mr B’s complaint that his car was damaged by a Council refuse vehicle. This is because it is reasonable for Mr B to pursue his compensation claim by taking the Council to court.

The complaint

1. The complainant, who I will refer to as Mr B, complains that his car was damaged by a Council refuse vehicle. Mr B says the Council has wrongly refused to accept liability for the damage. Mr B also complains about the Councils handling of his compensation claim including that the Council destroyed a witness statement. Mr B would like the Council to pay the repair costs for his car. Mr B would also like the Council to acknowledge there has been misconduct by officers and to take appropriate action.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. The Act 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

4. I considered information provided by Mr B.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The Council’s insurers have considered Mr B’s claim for compensation but did not accept the Council is liable for the damage to his car. Mr B may pursue his claim by taking the Council to court.
7. The role of the Ombudsman is to consider complaints of administrative fault. We cannot decide liability in complaints about damage to property. This is for the Council’s insurers and ultimately for the courts. Only the court can decide if the Council has been negligent.
8. The court can decide what damages, if any, the Council should pay. Also, unlike the Ombudsman, the court can order a party to pay damages.
9. I find it is reasonable for Mr B to take the Council to court. The fees for making a claim are relatively modest and Mr B may ask for the fee to be reimbursed if his claim is successful.
10. Because we will not investigate the substantive matter, an investigation solely into the Council’s handling of Mr B’s compensation claim is not justified.

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Final decision

11. We will not investigate Mr B’s complaint because it is reasonable for him to take the Council to court.

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Investigator's decision on behalf of the Ombudsman