Summary: We will not investigate Mr X’s complaint that refuse collection drivers are using his driveway to turn and causing damage. Further investigation would not lead to a different outcome and any compensation claim is a matter for the courts.

The complaint

1. Mr X complains Council refuse collection drivers are using his driveway to turn. He says this is causing damage to his driveway. Mr X wants the Council to ensure the drivers stop using his driveway and pay compensation for the damage.

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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 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))

3. The law says we cannot normally investigate a complaint when someone could take the matter 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 and the Council, and I considered the Ombudsman’s Assessment Code.

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My assessment

5. In its complaint responses to Mr X, the Council apologised if its refuse collection drivers had used his driveway as a turning point. It said it had instructed its staff to stop using Mr X’s driveway.
6. Mr X complained to the Ombudsman because he said the refuse collection drivers had used his driveway again after the Council’s complaint response. He said if the Council did not address this, he would seek compensation for damage to his driveway.
7. We will not investigate Mr X’s complaint. The Council has taken action to stop its refuse collection drivers using Mr X’s driveway and said it is committed to ensuring this does not happen again. It has apologised for any inconvenience caused. This is an appropriate response. Further investigation by us would not lead to a different outcome.
8. If Mr X considers the Council liable for damage to his driveway, it is open to him to make a compensation claim through the Council’s insurers and, if dissatisfied with the outcome, take the matter to court. We cannot determine if the Council is liable for any damage to Mr X’s driveway. This is a legal matter which only the courts can decide. Mr X can take such action to pursue compensation if he wants to do so.

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Final decision

9. We will not investigate Mr X’s complaint because further investigation would not lead to a different outcome and any compensation claim is a matter for the courts.

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Investigator's decision on behalf of the Ombudsman