Summary: We will not investigate Mr X’s complaint about damage caused to his flat’s bin store by the Council’s waste collection service. This is because it is reasonable to take the matter to the Council’s insurers and, ultimately, the courts.

The complaint

1. Mr X complained the Council’s waste collection service damaged a bin store for his flat.
2. Mr X says the matter has impacted him financially.

Back to top

The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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).

Back to top

How I considered this complaint

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

Back to top

My assessment

7. Mr X said in December 2023 the Council’s waste collection service damaged the community bin store for his block of flats. Mr X said he paid a contribution to the cost of the repairs. Mr X complained to the Council.
8. In response to the Ombudsman’s enquiries the Council said it had accepted it had caused the damage and explained it had sent details of the incident to its insurers. It said the management company for Mr X’s building had not submitted any claim against the Council’s insurers, which is the next step.

Analysis

9. Mr X’s complaint is mainly that the Council has been negligent and caused damage to a bin store which he has joint responsibility for. Deciding about whether an organisation has been negligent usually involves looking rigorously, and in a structured way, at evidence as only the court can to make its findings. In addition, only a court can decide if an organisation has been negligent and so should pay damages. We cannot recommend actions or payments that ‘punish’ the Council.
10. Because the Ombudsman cannot decide whether the Council has been negligent and has no powers to enforce an award of damages, we expect someone in Mr X’s position to seek a remedy through the Council’s insurers and, subsequently, in the courts. Mr X can take the matter to the management company for his flat and subsequently submit the claim to its insurers. I do not consider there is any exceptional reason why Mr X cannot do this and so we will not investigate this complaint.

Back to top

Final decision

11. We will not investigate Mr X’s complaint because it is reasonable to take the matter to the Council’s insurers through the management company for his flat and, ultimately, the courts.

Back to top

Investigator's decision on behalf of the Ombudsman