Summary: We will not investigate Mr B’s complaint that a street cleaning vehicle damaged his car. This is because it is reasonable for Mr B to put in a compensation claim, and if needed, take the Council to court.

The complaint

1. Mr B complains his car was damaged by a Council contractor’s street cleaning vehicle. Mr B says the Council’s contractor has delayed responding to the matter and has provided incorrect evidence. Mr B would like the Council or its contractor to investigate the matter properly by visiting his property with the same street cleaning vehicle to make a decision on liability, and to also pass the matter to its insurers.

Back to top

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)

Back to top

How I considered this complaint

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

Back to top

My assessment

6. The role of the Ombudsman is to consider complaints of administrative fault. We take the view complaints about property damage are best decided by an organisation’s insurers, and if needed, the courts. This is because such complaints are ultimately that an organisation has been negligent. Only a court can decide a negligence claim, and unlike us, can order a party to pay damages.
7. Mr B may put in a claim to the Council’s insurers for the damage to his vehicle. If the Council does not accept responsibility for the damage, or does not make an offer Mr B is satisfied with, he may pursue his claim at court. I find it is reasonable for Mr B to do this, either directly or via his insurer.
8. So, we will not investigate Mr B’s complaint about the damage to his vehicle.
9. Because we are not investigating the substantive matter, an investigation solely into the Council and its contractor’s handling of this matter would not be a good use of our limited resources or achieve a meaningful outcome for Mr B.

Back to top

Final decision

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

Back to top

Investigator's decision on behalf of the Ombudsman