Summary: We will not investigate Miss B’s complaint that Council refuse collectors damaged her car. This is because it is reasonable for Miss B to pursue her compensation claim by taking the Council to court.

The complaint

1. Miss B complains her car was damaged by Council refuse collectors but the Council has wrongly refused to pay her compensation.

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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 Miss B.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. We do not normally investigate complaints about damage to property. This is because in effect such complaints are that an organisation has been negligent. Our role is to consider complaints of administrative fault. Negligence claims are best decided by an organisation’s insurers, and if needed, the courts.
7. Miss B has received the Council’s decision on her compensation claim. Miss B may now pursue her claim by taking the Council to court. Only a court can decide if the Council was negligent, and if so, enforce an award of damages. We cannot recommend actions or payments that ‘punish’ an organisation.
8. I find it is reasonable for Miss B to do this and the initial fee for making a claim is relatively modest. Miss B may also seek legal advice about taking the Council to court if needed.
9. So, we will not investigate this complaint.

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Final decision

10. We will not investigate Miss B’s complaint because it is reasonable for her to take the Council to court.

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Investigator's decision on behalf of the Ombudsman