Summary: We will not investigate Mrs X’s complaint about the Council’s refusal to accept liability for damage to her car. This is because it is reasonable to expect Mrs X to take the matter to court.

The complaint

1. Mrs X complains the Council’s waste collection service damaged her car during a collection. She is unhappy the Council has denied liability for any damage and refused compensation.

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The Ombudsman’s role and powers

2. 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

3. I considered information provided by Mrs X.
4. I considered the Ombudsman’s Assessment Code.

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Final decision

5. We will not investigate Mrs X’s complaint because it is reasonable for Mrs X to take the matter to court. The Courts are better placed to make decisions on liability and compensation claims.

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Investigator's decision on behalf of the Ombudsman