Summary: We will not investigate this complaint about damage caused to Mr X’s vehicle by a refuse vehicle. This is because it is reasonable for him to make a claim for compensation at court.

The complaint

1. Mr X complains that the Council has failed to respond to his complaint about damage to his vehicle which he says was caused by a refuse vehicle.

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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 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

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

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My assessment

6. I will not investigate Mr X’s complaint. It is reasonable for him to pursue his 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 his 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.
7. It is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue. Therefore I will not investigate how the Council has dealt with Mr X’s complaint.

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Final decision

8. We will not investigate Mr X’s complaint because it is reasonable for him to take his claim to court.

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Investigator's decision on behalf of the Ombudsman