Summary: We will not investigate Mr X’s complaint that his garden was damaged when a recycling collection vehicle drove over his grass. This is because this is a complaint about negligence which is a legal matter for the courts to consider and decide.

The complaint

1. The complainant, Mr X, complains the Council damaged his garden when a recycling collection vehicle drove over it. Mr X says the Council has not responded to his request to repair the damage.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. 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)
3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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 the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr X says his garden was damaged when a recycling collection vehicle drove over his garden.
8. The Council acknowledged the vehicle drove over his grass and it apologised to Mr X. It says a supervisor visited the site earlier this month and there was no visible damage to Mr X’s grass or kerb stone.
9. We will not investigate Mr X’s complaint. This is because this is a complaint about negligence which is a legal matter for the courts to consider and decide. We cannot decide a negligence claim and make a ruling on whether the Council has been negligent and caused damage to Mr X’s property. Only the courts can make a ruling that the Council has been negligent and, if so, whether it will award any damages Mr X seeks. It is reasonable to expect Mr X to make a claim for damages if he considers there to be remaining damage to his garden and, if this is refused, to his use right to pursue his claim in the courts. Making a claim in the small claims court is a simple, low cost and accessible process with fees on a sliding scale depending on the level of the monetary claim. Those on a low income can also apply for help with the fees.

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Final decision

10. We will not investigate Mr X’s complaint because it is about negligence which is a legal matter for the courts to consider and decide. If Mr X wishes to pursue his claim it is reasonable to expect him to use his right to make a claim in the courts.

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Investigator's decision on behalf of the Ombudsman