Summary: We will not investigate Miss X’s complaint about damage caused to her wall during a waste collection in late 2024. This is because it is reasonable to expect Miss X to take the matter to court.

The complaint

1. Miss X complained the Council’s contracted waste collection service damaged her fence during a collection in late 2024.
2. Miss X said the matter caused her frustration, distress, and time and trouble to resolve.

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The Ombudsman’s role and powers

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)
4. We investigate complaints about councils and certain other bodies. Where an individual, organisation or private company is providing services on behalf of a council, we can investigate complaints about the actions of these providers. (Local Government Act 1974, sections 24A(1)(A) and 25(7), as amended).

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How I considered this complaint

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

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My assessment

7. We will not investigate Miss X’s complaint that the Council’s contracted waste collection service damaged her wall during a collection in late 2024. In essence, Miss X’s complaint is that the collection service was negligent.
8. Deciding about 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. In addition, only a court can decide if an organisation has been negligent and so should pay damages. We cannot recommend actions or payments that ‘punish’ the Council.
9. Miss X submitted an insurance claim, but is dissatisfied with the lack of progress and the insurer’s decision not to accept liability. Therefore, Miss X can now take the matter to the courts.
10. Because the Ombudsman cannot decide whether the Council has been negligent and has no powers to enforce an award of damages, we expect someone in Miss X’s position to bring the matter to court. I do not consider there is any exceptional reason why Miss X cannot do this, and so we will not investigate this complaint.

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Final decision

11. We will not investigate Miss X’s complaint because it is reasonable to expect her to take the matter to court.

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Investigator's decision on behalf of the Ombudsman