Summary: We will not investigate Mrs X’s complaint that the Council’s refuse collectors are responsible for the damage to her car. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. It is reasonable to expect Mrs X to go to court.

The complaint

1. Mrs X complains about the Council’s refuse collectors leaving bins at the top of a sloped drive. She says the bins rolled down and damaged her car lights causing £450 worth of damage.
2. Mrs X would like the Council to admit its refuse collectors left the bins in the wrong place and admit liability.

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The Ombudsman’s role and powers

3. We provide a free service but must use public money carefully. We do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
4. 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

5. I considered information provided by Mrs X.
6. I also considered the Ombudsman’s Assessment Code.

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My assessment

7. The Council has denied liability. However, we would normally expect Mrs X to pursue her case in the small claims court. This is because it is essentially a negligence claim, and only the courts can decide if the Council is liable for her financial loss. Further the courts have the powers to award damages against the Council. The Ombudsman has no powers to enforce an award of damages.

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Final decision

8. We will not investigate Mrs X’s complaint because it does not meet the tests in our Assessment Code on how we decide which complaints to investigate. It is reasonable to expect her to go to court.

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Investigator's decision on behalf of the Ombudsman