Summary: We will not investigate this complaint that a Council refuse lorry caused damage to the complainant's driveway as this is a matter for the courts.

The complaint

1. Mr X complains a Council refuse lorry caused damage to his driveway but that it has refused to repair it or to provide information about the vehicle that was used on the day. Mr X also complains about delay by the Council in responding to his complaint.

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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. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact 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 or continue an investigation if we decide further investigation would not lead to a different outcome (Local Government Act 1974, section 24A(6), as amended, section 34(B))
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)
5. We normally expect someone to refer the matter to the Information Commissioner if they have a complaint about data protection/information rights. However, we may decide to investigate if we think there are good reasons. (Local Government Act 1974, section 24A(6), as amended).

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How I considered this complaint

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

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My assessment

8. The Council has acknowledged there was delay in it responding to Mr X’s complaint and has offered him a monetary payment in recognition of this and for his time and trouble. We will not investigate the Council's complaint handling as we could not add to this.
9. The damage issue is a matter for the courts as only a court can decide if an organisation has been negligent and so should pay damages. It is reasonable to expect Mr X to seek compensation through the courts, either directly or via his insurers.
10. Any failure by the Council to provide information to Mr X about the refuse collection on the day, is best addressed by the Information Commissioner's Office (ICO) as it is the UK's independent regulator in respect of information rights.
11. For these reasons, we will not investigate.

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Final decision

12. We will not investigate Mr X’s complaint because it is essentially a matter for the courts.

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Investigator's decision on behalf of the Ombudsman