Summary: The Ombudsman will not investigate this complaint about damage to the complainant’s car. This is because it is a matter that needs to be determined in court.

The complaint

1. The complainant, whom I refer to as Mr X, says the Council is responsible for damage caused to his car during the refuse collection. Mr X wants the Council to pay for the new tyre he had to buy.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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. The courts decide issues of negligence and claims for damages.

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How I considered this complaint

5. I read the complaint and the Council’s responses. I invited Mr X to comment on this draft decision.

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What I found

What happened

6. Mr X had to fit a new tyre to his car after it was damaged by glass.
7. Mr X made an insurance claim to the Council as he thought the Council was responsible. The insurers rejected the claim and said the Council was not liable.
8. The Council explained that a resident had left a pane of glass in a bin. The refuse van hit the pane and smashed the glass. The crew swept up the glass and the photographs showed no obvious signs of glass when the van left. The Council said it could not be foreseen that a car could be damaged. The Council suggested Mr X get legal advice. Mr X told the Council he would take action in the small claims court.

Assessment

9. I will not start an investigation because this is a matter for the courts. The Ombudsman does not act as an appeal body and does not determine claims for damages or make decisions about liability and negligence. It would be for the courts to decide if the Council has been negligent and whether it should compensate Mr X for the damaged tyre.

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Final decision

10. I will not start an investigation because claims for damages need to be determined by the courts.

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Investigator's decision on behalf of the Ombudsman