Summary: The Ombudsman will not investigate Mr X’s complaint about poorly maintained garages causing damage to his car. This is because it would be more appropriate for the complainant to use the legal remedy available to him.

The complaint

1. The complainant, whom I refer to as Mr X, complains that the Council has not maintained the garage which it rents to him and this has caused damage to his car.

Back to top

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)

Back to top

How I considered this complaint

4. I considered Mr X’s complaint and his correspondence about the complaint. I invited Mr X to comment on a draft of my decision.

Back to top

What I found

What happened

5. Mr X rents a garage through the Council, where he stores his car.
6. Mr X complained that the garages are poorly maintained, and as such, his car has suffered damage.
7. Mr X would like the Council to pay for the repair to the damage on his car and better maintain the garages.

Assessment

8. The Ombudsman is not the appropriate body to decide liability for damages. Complaints about liability for damages are more appropriately considered in court unless it is not reasonable for the complainant to do so. I see no reason why it would not be reasonable for Mr X to pursue the legal remedy available to him.

Back to top

Final decision

9. I will not investigate this complaint. This is because it would be more appropriate for Mr X to use the legal remedy available to him.

Investigator’s decision on behalf of the Ombudsman

Back to top

Investigator's decision on behalf of the Ombudsman