Summary: We will not investigate Mr B’s complaint that his wall has been damaged by Council refuse collectors. This is because it is reasonable for Mr B to take the Council to court.

The complaint

1. Mr B says the boundary wall at the front of his property has been damaged by Council refuse collectors forcing his bins against this wall after collection. Mr B complains the Council has refused to accept responsibility for the damage despite the clear evidence he has provided. Mr B would like the Council to pay him compensation 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 Mr B.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr B complains his front wall has been damaged because Council refuse collectors are not handling his refuse bins carefully on collection days. So, in effect, Mr B’s complaint is that the Council has been negligent.
7. The role of the Ombudsman is to consider complaints of administrative fault. We take the view negligence claims are best decided by an organisation’s insurers, and if needed, the courts.
8. The Council has considered Mr B’s claim for compensation but did not accept the Council is responsible for any damage. Mr B may now pursue his claim by taking the Council to court.
9. 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.
10. 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.
11. I cannot decide whether the Council has been negligent and have no powers to enforce an award of damages or order the Council to undertake repair work.
12. So, I would usually expect someone in Mr B’s position to seek a remedy in the courts, directly or through his insurers. I find it is reasonable for Mr B to do this and Mr B has told the Council he intends to take such action.
13. So, we will not investigate this complaint.

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Final decision

14. We will not investigate Mr B’s complaint because it is reasonable for him to take the Council to court.

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Investigator's decision on behalf of the Ombudsman