Summary: We will not investigate Miss X’s complaint. 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, Miss X, complains the Council has refused her claim for damages after her fence and car mirror were damaged by a refuse wagon.

Back to top

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)

Back to top

How I considered this complaint

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

Back to top

My assessment

7. Miss X complains the Council has refused her claim for damages after her fence and car mirror were damaged by a refuse wagon.
8. We will not investigate Miss 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. 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. Only a court can decide if an organisation has been negligent and so should pay any damages sought.
9. It is reasonable to expect Miss X to use her right to pursue her claim in court either directly or through her insurers. Making a claim in the small claims court is a simple, low cost and accessible process with fees set on a sliding scale depending on the level of the claim. Those on a low income can apply for help with the fees.

Back to top

Final decision

10. We will not investigate Miss X’s complaint because it is about negligence which is a legal matter for the courts to consider and decide.

Back to top

Investigator's decision on behalf of the Ombudsman