Summary: We will not investigate this complaint that a Council worker damaged the complainants car whilst cleaning the road. This is because it is reasonable for the complainant to pursue his claim for compensation through the courts.

The complaint

1. The complainant, who I will call Mr X, complains that a Council worker damaged his car whilst cleaning the road. Mr X would like the Council to take responsibility for the damage

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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)

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. I will not investigate Mr X’s complaint. The is because he has been provided with information about how he can make a claim with the Council’s insurers. If he does not get the outcome, he wants it would be reasonable for him to pursue this matter in court. Only the courts can decide if the Council is liable for any damage and award compensation.

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Final decision

7. We will not investigate Mr X’s complaint because it reasonable to expect him to use his right to pursue the matter via the courts.

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Investigator's decision on behalf of the Ombudsman