Summary: We will not investigate Mr X’s complaint about damage caused to his windscreen when the Council’s contractors were mowing grass outside his house. This is because it does not meet the tests in the Assessment Code on how we decide which complaints to investigate. In this case, the courts are best placed to determine any Council liability. It is therefore reasonable to expect the complainant to go to court.

The complaint

1. Mr X says the Council’s contractors damaged his windscreen when they were mowing grass near his house. He says a stone in the grass flew into his windscreen during the mowing. He would like the Council to reimburse him for the £189.99 cost to replace his windscreen.

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The Ombudsman’s role and powers

2. 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 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

4. I considered information provided by the complainant. I also considered the Ombudsman’s Assessment Code.

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My assessment

5. The Council has denied liability for the damages claimed.
6. We will not investigate as it is reasonable to expect Mr X to now take his claim for damages to court. There is a simple procedure in the county court for dealing with small claims. We have no powers to compel the Council to compensate Mr X for the claimed damage.

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Final decision

7. We will not investigate Mr X’s complaint because it is reasonable to expect him to go to court.

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Investigator's decision on behalf of the Ombudsman