Summary: We will not investigate this complaint about a claim for damage to the complainant’s motor vehicle. This is because Ms X has an alternative legal remedy to pursue a claim of negligence through the courts. Only the courts can decide whether the Council was negligent. It is therefore reasonable to expect Ms X to use her legal remedy. For the remainder, we could not add to the investigation the Council has already done.

The complaint

1. Ms X complained her vehicle was damaged by Council refuse collectors. Ms X also said there has been unacceptable delay in the Council dealing with her claim about the matter.
2. Ms X said this caused distress, time and trouble.
3. Ms X wants the Council to pay for the damage to her vehicle and compensate her for her time and trouble.

Back to top

The Ombudsman’s role and powers

4. 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)
5. 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 we could not add to any previous investigation by the organisation. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

Back to top

How I considered this complaint

6. I considered information provided by Ms X.
7. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

8. We consider our powers on what we could achieve as part of our consideration of whether an alternative remedy exists and whether it is reasonable for a person to use it.
9. Negligence claims and interpreting the law around civil liability are generally best decided by a court. Only a court can decide whether a council is liable to pay damages for a person’s loss. For these reasons, we will not investigate this part of Ms X’s complaint. It is reasonable to expect her to go to court.
10. When responding to Ms X’s complaint, the Council accepted there had been unacceptable delay in considering her claim. The Council apologised and offered Ms X £200 to recognise the time and trouble she had experienced.
11. We will also not investigate this part of Ms X’s complaint. Given the findings the Council has already made, and the symbolic financial remedy offered to Ms X is broadly in line with our guidance on remedies, we could not add to the investigation the Council has already done.

Back to top

Final decision

12. We will not investigate Ms X’s complaint because only the courts can decide if the Council was negligent, and we could not add to the investigation the Council has already carried out.

Back to top

Investigator's decision on behalf of the Ombudsman