Summary: We will not investigate this complaint about the Council collecting the wrong sofa for disposal. This is a negligence claim, and it is therefore reasonable for Mrs X to refer the matter to court.

The complaint

1. Mrs X complained the Council collected the wrong sofa from her property after she had arranged, but subsequently cancelled, removal of a different sofa. She said the matter has caused distress to both her and her husband, who has cognitive impairment and was the only person present when the Council’s staff visited. She said the Council delayed dealing with the claim and it failed to offer a suitable amount. She wants it to pay for a replacement sofa, which will cost £1,499.

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The Ombudsman’s role and powers

2. 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

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. We will not normally investigate complaints about damage to property, as these are really negligence claims. It is not the Ombudsman’s role to calculate economic losses or decide liability for damage. The small claims court is a relatively straightforward process that does not necessitate legal representation. There is a sliding scale of fees for applying, and those on a low income can have the fee waived. There is not a good reason for us to consider the matter instead.

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Final decision

6. We will not investigate Mrs X’s complaint because it is reasonable to refer the matter to the courts as a negligence claim.

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Investigator's decision on behalf of the Ombudsman