Summary: We will not investigate Mr X’s complaint that Council staff were responsible for damage to his vehicle. This is because insurers and the courts are better placed to consider the matter. Any injustice caused by the actions of staff is not significant enough to justify our further involvement.

The complaint

1. Mr X complains that his vehicle was damaged at a Council recycling centre and about the behaviour of staff when they he confronted them about the matter.

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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 any injustice is not significant enough to justify our involvement. (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. 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 the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. I will not investigate Mr X’s complaint that the Council is responsible for damage to his vehicle. Only the courts can determine if the Council is legally liable for the damage to Mr X’s car. We cannot make such determinations. It is therefore reasonable to make a claim with the Council’s insurers and then pursue the matter in court if his claim is rejected.
7. I will not investigate Mr X’s complaint about the conduct of staff at the recycling centre. This is because the injustice he describes is not significant enough to warrant our further involvement. I note that the Council has apologised to Mr X and raised the matter with management at the recycling centre so even if we were to consider this matter it is unlikely we could add to the Council’s response or achieve a different outcome for Mr X.

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Final decision

8. We will not investigate Mr X’s complaint because insurers and the courts are better placed to consider the matter. Any injustice caused by the actions of staff is not significant enough to justify our further involvement.

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Investigator's decision on behalf of the Ombudsman