Summary: We will not investigate this complaint about alleged damage to two cars. This is because there is insufficient evidence of fault by the Council and because it is a matter that needs to be determined in court.

The complaint

1. The complainant, Mr X, says the Council failed to correctly use information he provided in relation to alleged damage caused to two cars. He also complains the Council would not consider his complaint. Mr X wants an audit of the Council and compensation.

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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 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 an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• there is another body better placed to consider this complaint.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered information provided by Mr X and the Council. This includes Mr X’s claim for damage to the cars. I also considered our Assessment Code.

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My assessment

4. Mr X says two cars were damaged during refuse collections in 2023. He reported one incident on the day it occurred. He completed a claim form in September. He provided an estimate/quote for the damage to both cars. The Council says it received the claim form in December 2024.
5. The Council accepts there was an incident in 2023. The waste team completed an incident report which recorded that a bin had rolled into a car and scratched it. The incident form referred to damage to one car.
6. The Council agreed to reimburse Mr X for the damage caused to one car. It will make the payment when he provides his bank details. The Council declined the claim for the other car because Mr X did not report the incident on the day it happened.
7. Mr X lodged a complaint. The Council declined to accept it and said he would need to make a legal claim for damages.
8. Mr X complains about the way the Council handled his claim and its refusal to accept his complaint.
9. I will not start an investigation for the following reasons. We cannot determine claims for damage as that is a matter for the courts or insurers. Mr X can make a claim on his own insurance, or take legal action.
10. I have not seen anything in the way the Council responded, or dealt with the claim, to suggest we need to start an investigation. If Mr X is unhappy with the way the Council interpreted his evidence about the alleged damage then, as I have said, that is a matter for the courts.
11. The Council’s complaints policy says it will not accept a complaint when the complainant could lodge an appeal or take legal action. The Council’s decision not to accept the complaint reflects the policy so there is no reason to start an investigation.

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Final decision

12. We will not investigate this complaint because it is a matter Mr X needs to pursue through insurers or the courts, and because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman