West Northamptonshire Council (22 009 824)
Category : Environment and regulation > Other
Decision : Closed after initial enquiries
Decision date : 11 Nov 2022
The Ombudsman's final decision:
Summary: We will not investigate Mr X’s complaint about damage caused to his steps by Council contractors. This is because this is a complaint about negligence which is a legal matter for the courts to consider and decide.
The complaint
- The complainant, whom I shall call Mr X, complains the Council’s contractors damaged his steps whilst cutting a grass verge outside his home by hitting it with a lawnmower.
The Ombudsman’s role and powers
- We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
- 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 and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X complained to the Council about contractors causing damage to his steps whilst cutting a grass verge outside his home.
- The Council has considered the complaint. It denies liability.
Final decision
- We will not investigate Mr X’s complaint. This is because this is a complaint about negligence which is a legal matter for the courts to consider and decide. The Ombudsman cannot decide a negligence claim. Only the courts can decide whether the Council is responsible for the damage caused and whether it should pay any damages to Mr X. Mr X considers the Council to be liable for the damage to his property and it is reasonable to expect him to use his right to make a claim in the courts.
Investigator's decision on behalf of the Ombudsman