Summary: We will not investigate Mrs X’s complaint about alleged negligence resulting in damage to her vehicle. This is because it would be reasonable for Mrs X to make a claim against the Council at court.

The complaint

1. The complainant, Mrs X, complains the Council was negligent in installing an access gate which came off in high winds and damaged her car. The Council has denied liability for the damage but Mrs X believes it should pay her compensation.

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 information provided by Mrs X and the Ombudsman’s Assessment Code.

Back to top

My assessment

5. Negligence is a matter for the courts rather than for the Ombudsman. If thereore Mrs X believes the Council is liable for the damage to her vehicle it would be reasonable for her to make a claim against it at court.
6. It is not for us to decide if the gate was properly installed or whether the Council should pay her compensation for the damage.

Back to top

Final decision

7. We will not investigate this complaint. This is because it would be reasonable for Mrs X to take the matter to court.

Back to top

Investigator's decision on behalf of the Ombudsman