Summary: We will not investigate Mrs B’s complaint that Council workers damaged her car whilst cutting a grass verge. This is because it is reasonable for Mrs B to pursue her compensation claim by taking the Council to court.

The complaint

1. Mrs B complains Council workers damaged her car whilst cutting a grass verge. Mrs B says the Council has wrongly refused to accept responsibility for the damage or pay for the required repairs.

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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)

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How I considered this complaint

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

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My assessment

6. 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 about whether an organisation has been negligent. Only the courts can decide whether an organisation has been negligent. Also, unlike us, the courts can order a party to pay damages.
7. I find it is reasonable for Mrs B to take the Council to court, either directly or via her insurer.
8. So, we will not investigate this complaint.

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Final decision

9. We will not investigate Mrs B’s complaint because it is reasonable for her to take the Council to court.

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Investigator's decision on behalf of the Ombudsman