Summary: We will not investigate Mr X’s complaint that his car was damaged by a refuse vehicle. This is because it is reasonable for him to pursue the matter through the courts.

The complaint

1. Mr X complains about the Council’s handling of his claim that a refuse vehicle damaged his car. He wants the Council to reimburse him for repair costs.

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

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My assessment

6. I will not investigate Mr X’s complaint. We cannot decide whether the Council is liable for the damage to Mr X’s car and have no powers to enforce an award of damages. Mr X may pursue his claim by taking the Council to court it is reasonable to expect him to do so.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman