Summary: We will not investigate this complaint about damage caused to Mr X’s car. This is because it is reasonable to expect Mr X to go to court to determine any liability owed by the Council.

The complaint

1. In summary, Mr X says the Council’s refuse truck damaged his car.
2. He says his car is now a write off and he would like to be reimbursed to buy a replacement car.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. We provide a free service but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6))
5. 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)

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How I considered this complaint

6. I considered the information provided by the complainant and the Ombudsman’s Assessment Code.

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My assessment

7. I will not investigate because the matter of liability for damages is decided in court. There is a simple procedure in the county court for dealing with small claims. The Ombudsman has no powers to determine legal liability nor to award damages.
8. It is therefore reasonable for Mr X to take the matter to court after claiming on the Council’s insurance. The court can decide liability and if Mr X is entitled to claim the cost of a replacement car.

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Final decision

9. I will not investigate. This is because it is reasonable to expect Mr X to go to court to decide the Council’s liability for damage to his car.

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Investigator's decision on behalf of the Ombudsman