Summary: We will not investigate Mrs B’s complaint that a Council refuse lorry damaged her planter. This is because it is reasonable for Mrs B to pursue her compensation claim by taking the Council to court.

The complaint

1. Mrs B complains her wooden planter was damaged by a Council refuse lorry. Mrs B says the Council has wrongly refused her compensation claim for the damage. Mrs B says the Council has wrongly said the planter was on the public highway and that the lorry is too large to cause this damage, even though she witnessed the incident. Mrs B would like the Council to investigate her claim properly and pay 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 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)

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How I considered this complaint

4. I considered information provided by Mrs B.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. We do not normally investigate complaints about damage to property. This is because such complaints are about whether an organisation has been negligent. We take the view negligence claims are best decided by an organisation’s insurers and, if needed, the courts.
7. Mrs B has received the Council’s insurer’s decision on her claim. Mrs B may now pursue her claim by taking the Council to court.
8. Deciding 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.
9. 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 organisation.
10. I cannot decide whether the Council has been negligent and have no powers to enforce an award of damages. So, I would usually expect someone in Mrs B’s position to seek a remedy in the courts. The initial fee is modest and help with fees is available for people on a low income. I do not consider there is any exceptional reason why Mrs B cannot take the Council to court.
11. So, we will not investigate this complaint.

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Final decision

12. We will not investigate Mrs B’s complaint because it is reasonable for her to take the Council to court.

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Investigator's decision on behalf of the Ombudsman