Summary: We will not investigate Mr X’s complaint about claims for damages. Mr X can pursue a claim of negligence through the courts. Only the courts can decide whether the Council was negligent and so it is reasonable to expect Mr X seeks a remedy in court.

The complaint

1. Mr X complained he suffered financial loss due to the Council’s negligence, on two occasions. Mr X said the Council caused damage to his vehicle and failed to maintain infrastructure in his local area, which led to him being burgled.
2. Mr X said he suffered financial losses of over £7000, which he wants the Council to reimburse.

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The Ombudsman’s role and powers

3. 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)
4. Negligence claims and interpreting the law around civil liability are generally best decided by a court where the Council does not accept insurance liability. Only a court can decide whether the problem should have been dealt with by the Council before it caused damage to a person’s property, or if it is liable to pay damages for a person’s loss.

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How I considered this complaint

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

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Final decision

7. We will not investigate Mr X’s complaint because he can pursue a claim of negligence and seek damages through the courts. Only the courts can achieve this remedy and so it is reasonable to expect Mr X to use this remedy.

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Investigator's decision on behalf of the Ombudsman