Summary: We will not investigate Mr X’s complaint about the outcome of his claim for damages after his car was damaged by a Council contractor’s vehicle. This is because it is a complaint about negligence which is a legal matter for the courts to consider and decide.

The complaint

1. Mr X complains about the outcome of his claim for damages after his car was damaged by a Council contractor’s vehicle. Mr X says he was forced to accept an undervalued offer for his car by his insurers and now has higher car insurance payments. He made a claim for damages via the contractor’s insurers but remains dissatisfied with the outcome.

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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 and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr X is dissatisfied with the Council contractor’s decision on his claim for damages after it damaged his car. Mr X says he incurred additional expenses following his car insurance claim and sought to recoup this from the contractor. He is dissatisfied with its settlement offer.
8. The Council has confirmed that as this is an insurance claim it is a matter for the contractor rather than the Council.
9. We will not investigate Mr X’s complaint. This is because it is about negligence which is a legal matter for the courts to consider and decide. We cannot decide a negligence claim. This involves looking rigorously, and in a structured way at evidence, as only the courts can, to make its findings.
10. We also have no powers to recommend or enforce any award of damages. We cannot recommend actions or payments that ‘punish’ the Council. We would expect someone in Mr X’s position to seek a remedy in the courts, either directly or via his insurers.
11. It is reasonable to expect Mr X to use his right to pursue his claim in the courts if he disagrees with the outcome of his claim and wants to further challenge it. It is not a matter we can decide. Making a claim in the courts 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

12. We will not investigate Mr X’s complaint because it is about negligence which is a legal matter for the courts to consider and decide. If Mr X wishes to pursue the claim further it is reasonable to expect him to use his right to make his claim in the courts.

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Investigator's decision on behalf of the Ombudsman