Summary: We will not investigate this complaint about damage caused to Mrs X’s car during works carried out by a contractor. This is because the Ombudsman cannot decide liability for damage to private property or act as an alternative to insurance claim. Further investigation would not achieve any worthwhile outcome.

The complaint

1. Mrs X complained that the Council was responsible for damage to her car whilst works were carried out to a communal door. Mrs X stated this has been negatively impacting her mental and physical health. Mrs X is seeking repairs to her car.

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The Ombudsman’s role and powers

2. 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 no worthwhile outcome achievable by our investigation. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mrs X’s complaint is that the Council should compensate her for damage to her vehicle by its sub-contractors.
6. The Council has already considered the matter under its insurance process and denied liability.
7. The Ombudsman will not normally investigate complaints about damage to property or injury to people arising from claims of negligence. Negligence claims and interpreting the law around legal torts are generally best decided by a court where no insurance liability is accepted. Only a court can decide whether the problem should have been dealt with by the council before it caused you harm or if the council is liable to pay “damages” for the loss or injury a person claims has occurred.

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Final decision

8. We will not investigate Mrs X’s complaint because further investigation would not achieve worthwhile outcome.

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Investigator's decision on behalf of the Ombudsman