Summary: The Ombudsman will not investigate Mr X’s complaint about damage to his property he says was caused by a council refuse vehicle. This is because it is reasonable for him to seek compensation through the courts.

The complaint

1. The complainant, whom I shall call Mr X, complains about damage to his property he says was caused by a council refuse vehicle.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended)
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)

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How I considered this complaint

4. 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.

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What I found

5. Mr X says a council refuse vehicle damaged a wall at the front of his property. Mr X wants the Council to pay for the damage, but it has so far refused.
6. 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.
7. If the Council’s insurers reject 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 has been negligent. The Court can decide what damages, if any, the Council should pay. These are not decisions for the Ombudsman.
8. Mr X is also unhappy with how the Council has dealt with his complaint and claim for damages. But we will not investigate a council’s complaint handling if we are not going to consider the matter which led to the original complaint. This applies here.

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Final decision

9. 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 draft decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman