London Borough of Hounslow (25 004 620)
Category : Environment and regulation > Other
Decision : Closed after initial enquiries
Decision date : 18 Aug 2025
The Ombudsman's final decision:
Summary: We will not investigate Mr X’s complaint that his van was damaged at a recycling centre despite him warning Council staff that his van was too large to go through the non-trade lane. This is because it is reasonable for Mr X to pursue his compensation claim at court.
The complaint
- Mr X says he warned staff at the recycling centre that his van was too large for the lane staff told him to use. This caused damage to his van. Mr X also complains staff then ignored his claim and delayed responding.
- Mr X would like his claim for damages settled, an apology from staff and service improvements.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- 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)
How I considered this complaint
- I considered the information provided by Mr X and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Our role is to consider complaints of administrative fault. We do not normally investigate complaints about damage to property. This is because such complaints are about whether an organisation has been negligent.
- Negligence claims are best decided by an organisation’s insurers, and if needed, the courts. Only the courts can decide if an organisation has been negligent and so should pay damages. We cannot recommend actions or payments that ‘punish’ the organisation.
- The Council has sent Mr X information on how to submit a claim to its insurers. If Mr X is not satisfied with the decision on his claim, he may pursue the matter at court. I find it is reasonable and proportionate for Mr X to do this.
- So, we will not investigate this complaint.
- We will not investigate the handling of Mr X’s concerns as a separate issue as we are not investigating the main issue. This is because it would not be proportionate to do so.
Final decision
- We will not investigate Mr X’s complaint because it is reasonable for him to take the Council to court.
Investigator's decision on behalf of the Ombudsman