Middlesbrough Borough Council (19 012 058)
Category : Environment and regulation > Refuse and recycling
Decision : Closed after initial enquiries
Decision date : 16 Dec 2019
The Ombudsman's final decision:
Summary: The Ombudsman will not investigate Mr X’s complaint about damage to his car by a waste collection vehicle. This is because it is reasonable for Mr X to use the legal remedy available to him.
The complaint
- Mr X complains a council waste collection vehicle damaged his car.
The Ombudsman’s role and powers
- 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)
How I considered this complaint
- I considered Mr X’s complaint to the Ombudsman and the information he provided. I also gave Mr X the opportunity to comment on a draft statement before issuing a final decision on his complaint.
What I found
- Mr X says a council waste collection vehicle damaged his car. Mr X says he has CCTV footage of the incident. The Council has investigated and denied liability for the damage.
- The role of the Ombudsman is to consider complaints about administrative fault. We cannot establish liability in complaints involving damage to property. Claims for damage to property are a matter for the Council’s insurers and, ultimately, for the courts.
- Now the Council’s insurers have rejected a formal claim from Mr X, it is open to him to make a claim in court. I consider it would be reasonable for him to do so. This is because only the Court can decide if the Council is responsible for the damage to Mr X’s car. The Court can decide what damages, if any, the Council should pay. These are not decisions the Ombudsman can take.
Final decision
- The Ombudsman will not investigate Mr X’s complaint. This is because it is reasonable for Mr X to use the legal remedy available to him.
Investigator's decision on behalf of the Ombudsman