North Tyneside Metropolitan Borough Council (25 030 882)
Category : Other Categories > Other
Decision : Closed after initial enquiries
Decision date : 16 Jun 2026
The Ombudsman's final decision:
Summary: We will not investigate Mrs X’s complaint about an insurance claim outcome. This is because it would be reasonable to expect Mrs X to go to court. And we will not investigate any side issues arising such as the complaint handling as it would not be proportionate to do so if we are not considering the core complaint.
The complaint
- In short, Mrs X complains about what happened after a Council refuse vehicle collided with their fence and garden, causing significant damage.
- Mrs X remains dissatisfied with how the Council and its insurers handled the claim, alleging delay, lack of communication, and an inadequate settlement offer.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- 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)
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mrs X says she has suffered financial loss as the insurer’s payment does not properly cover the loss suffered. She also says she has been caused significant time and trouble chasing the insurers and suffered distress due to the damage. She wants a review of the insurers compensation policy.
- We will not investigate. This is because the complaint is concerned with matters of legal liability and a claim for damages. The courts are better placed than the Ombudsman to decide liability and quantify compensation. It is therefore reasonable to expect Miss X to go to court if she remains dissatisfied with the outcome of her insurance claim.
- I have considered if there are any other complaint elements we can look at. However, we will not look at any side issues arising in a complaint when we are not looking at the core complaint. This is because it would not be proportionate to do so.
Final decision
- We will not investigate Mrs X’s complaint because it is reasonable to expect her to pursue the matter in court. And it is not proportionate to investigate any side issues if we are not looking at the core complaint.
Investigator's decision on behalf of the Ombudsman