Summary: We will not investigate Miss B’s complaint that part of her property was damaged by a Council refuse lorry. This is because it is reasonable for Miss B to take the Council to court.

The complaint

1. Miss B complains her fence was damaged by a Council refuse lorry. Miss B says the Council and its contractor have not investigated the incident thoroughly and have wrongly not accepted responsibility. Miss B would like the Council to repair 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 Miss B.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Our role is to consider complaints of administrative fault. We do not normally investigate complaints about damage to property. This is because such complaints are about whether an organisation has been negligent. Negligence claims are best decided by an organisation’s insurers, and if needed, the courts. Also, unlike the courts, we cannot order an organisation to pay damages.
7. So, we would usually expect someone in Miss B’s position to pursue their claim by taking the Council to court. I find it is reasonable for Miss B to do this. So, we will not investigate this complaint.

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Final decision

8. We will not investigate Miss B’s complaint because it is reasonable for her to take the Council to court.

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Investigator's decision on behalf of the Ombudsman