Summary: We will not investigate Mr X’s complaint about the Council’s bin collection contractor damaging his property, how officers managed the incident, the Council’s insurer denying liability, and how it dealt with his claim and complaint. Mr X has taken the Council to court regarding the damage to his property. We cannot by law investigate where someone has taken matters complained of to court. We do not investigate councils’ complaint handling where we are not investigating the core issues which gave rise to the complaint.

The complaint

1. Mr X lives in a property with a rear alleyway used by some vehicles, including the Council’s bin contractor. He complains:
1. the bin contractor’s lorry damaged his property during a collection;
2. Council officers failed to properly manage the incident;
3. the Council’s insurer wrongly denied liability for the damage;
4. the Council delayed in replying to his complaint.

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The Ombudsman’s role and powers

2. The courts have said that where someone has sought a remedy by way of proceedings in any court of law, we cannot investigate. This is the case even if the appeal did not or could not provide a complete remedy for all the injustice claimed. (R v The Commissioner for Local Administration ex parte PH (1999) EHCA Civ 916)
3. The courts have said that where someone has used their right of appeal, reference or review or remedy by way of proceedings in any court of law, the Ombudsman has no jurisdiction to investigate. (R v The Commissioner for Local Administration ex parte PH (1999) EHCA Civ 916).

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How I considered this complaint

4. I considered information from Mr X and the Ombudsman’s Assessment Code.

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My assessment

5. Mr X made a claim for the damage to his property against the Council through its insurer. The insurer denied legal liability on behalf of the Council. Mr X has provided a ‘Reply to Defence’ court document which sets out his response to the Council’s defence against his claim, which includes the reference number for his county court case, showing Mr X has taken his property damage claim to court.
6. Where someone has taken legal action on a matter complained of we cannot investigate. A court of law takes precedence over us as a complaint-handling body. Mr X’s legal action takes the matter outside our powers and we cannot by law investigate. This limitation on our powers remains, irrespective of whether Mr X won or lost his case.
7. We recognise Mr X’s complaint involves his dissatisfaction with the Council’s approach to health and safety laws, its incident management and its insurer’s process. Mr X’s ‘Reply to Defence’ document mentions these issues so they have formed part of the court case. We understand the court may not rule on them. However, other courts have decided that where someone has used their right of appeal, reference or review or remedy by way of proceedings in any court of law, we have no powers to investigate. This limitation on our powers, as set out in paragraph three above, applies even if the court action will not or cannot provide a complete remedy for all issues raised. So we cannot investigate these parts of the complaint because of Mr X’s court action against the Council.
8. Mr X has also complained about Council delay when handling his complaint. We do not investigate councils’ internal complaint handling in isolation where we are not investigating the matters which gave rise to the complaint. It is not a good use of our resources to do so. That limitation applies here so we will not investigate this complaint issue.

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Final decision

9. We will not investigate Mr X’s complaint because:
• we cannot investigate where someone has taken the matters complained of to court; and
• we do not investigate councils’ complaint handling where we are not investigating the core issues which gave rise to the complaint.

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Investigator's decision on behalf of the Ombudsman