Summary: We will not investigate this complaint about the Council’s refuse vehicle caused Ms X to damage her car. This is because it is reasonable for Ms X to pursue the matter through the courts.

The complaint

1. Ms X complains the Council’s refuse vehicle caused her to damage her car. She says this was stressful and frightening. Ms X wants the damage repaired.

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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 the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Ms X claims her vehicle was damaged when a refuse vehicle tried to pass her, which caused her to drive into a hedge.
7. The courts are better placed to decide whether the Council is legally liable for the damage to Ms X’s car and, if so, what damages should be awarded. The Ombudsman cannot make findings on legal liability or require the Council to pay damages. It is open to Ms X to pursue a claim through the courts. I have seen no evidence to suggest it would be unreasonable to expect her to use that alternative remedy. We will therefore not investigate this complaint.

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Final decision

8. We will not investigate Ms X’s complaint because it is reasonable for Ms X to pursue the matter through the courts.

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Investigator's decision on behalf of the Ombudsman