Summary: We will not investigate Mrs Y’s complaint about the Council’s decision to refuse her claim for damages. This is because this is a complaint about negligence which is a legal matter for the courts to consider and decide.

The complaint

1. The complainant, Mrs Y, complains the Council refused her claim for damages after she reported her car was damaged by refuse operatives.

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The Ombudsman’s role and powers

2. 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 do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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

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

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My assessment

7. Mrs Y made a claim for damages to the Council after she said her car was damaged by refuse operatives during a bulky waste collection. Mrs Y provided the Council with doorbell footage of the incident which she says records the sound of impact with her car.
8. The Council has considered Mrs Y’s claim. It denied liability. It confirmed it viewed the footage Mrs Y provided several times but said it could not see that it showed any impact with Mrs Y’s car.
9. We will not investigate Mrs Y’s complaint. This is because this is a complaint about negligence which is a legal matter for the courts to consider and decide. We cannot decide a negligence claim or make a ruling on whether the damage to Mrs Y’s car was caused by the Council’s negligence even if we were to view the footage. Only the courts can make such a ruling and, if so, decide whether any damages should be awarded to Mrs Y and at what level.
10. If Mrs Y wishes to pursue her claim further it is reasonable to expect her to use her right to make her claim in the courts. Making a claim in the small claims court is a simple, low cost and accessible process with fees set on a sliding scale depending on the level of the monetary claim. Those on a low income can apply for help with the fees.

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Final decision

11. We will not investigate Mrs Y’s complaint because it is about negligence which is a legal matter for the courts to consider and decide.

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Investigator's decision on behalf of the Ombudsman