Summary: We will not investigate Mrs X’s complaint that the Council’s contractors damaged her car while removing a tree. This is because it is reasonable to expect Mrs X to take the matter to court.

The complaint

1. Mrs X complains the Council’s contractors damaged her car while removing a tree stump. She is unhappy with the way the contractors handled her claim, and the resulting outcome.
2. Mrs X wants financial compensation.

Back to top

The Ombudsman’s role and powers

3. 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 there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
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)

Back to top

How I considered this complaint

5. I considered information provided by Mrs X and the Council.
6. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

7. I will not investigate Mrs X’s complaint. The Council told us Mrs X pursued her claim through its contractor. It is reasonable to expect Mrs X to take the matter to court if she is unhappy with the outcome. Courts are better placed to consider any compensation claims.

Back to top

Final decision

8. We will not investigate Mrs X’s complaint because it is reasonable for her to take the matter to court.

Back to top

Investigator's decision on behalf of the Ombudsman