Middlesbrough Borough Council (21 011 804)
Category : Environment and regulation > Refuse and recycling
Decision : Closed after initial enquiries
Decision date : 17 Nov 2021
The Ombudsman's final decision:
Summary: We will not investigate Mrs B’s complaint that Council refuse collectors damaged her car. This is because it is reasonable for Mrs B to take the Council to court, which is in the best position to decide the matter.
The complaint
- The complainant, who I will refer to as Mrs B, complains that her car was damaged by Council refuse collectors. Mrs B says the Council has wrongly not accepted liability for the damage to her car. Mrs B would like the Council to pay for the repairs to her car.
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 information provided by Mrs B.
- I considered the Ombudsman’s Assessment Code.
My assessment
- The Council’s insurers have considered Mrs B’s claim for compensation but did not accept the Council is liable for the damage to her car. Mrs B may pursue her claim by taking the Council to court.
- The role of the Ombudsman is to consider complaints of administrative fault. We cannot decide liability in complaints about damage to property. This is for the Council’s insurers and ultimately for the courts. Only the court can decide if the Council has been negligent. The court can decide what damages, if any, the Council should pay. Also, unlike the Ombudsman, the court can order a party to pay damages.
- I find it is reasonable for Mrs B to take the Council to court. The fees for making a claim are relatively modest and Mrs B may ask for the fee to be reimbursed if her claim is successful.
Final decision
- We will not investigate Mrs B’s complaint because it is reasonable for her to take the Council to court.
Investigator's decision on behalf of the Ombudsman