Summary: We will not investigate Mr X’s complaint about the Council’s liability for damage to his car. This is because Mr X has a legal remedy to pursue the matter through the courts, and it would be reasonable for him to do so.

The complaint

1. Mr X complains that Council workers damaged his vehicle when carrying out work to nearby trees. Mr X says the Council has failed to respond to his complaints about this.

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

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My assessment

6. I will not investigate Mr X’s complaint because it relates to a dispute over liability for damage to a car. It is reasonable to expect Mr X to take the matter to court to determine liability. We cannot determine liability and award compensation, only a court can.
7. It is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue.

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Final decision

8. 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