Royal Berkshire Fire & Rescue Service (26 000 992)
Category : Other Categories > Other
Decision : Closed after initial enquiries
Decision date : 28 Sep 2026
The Ombudsman's final decision:
Summary: We will not investigate Mr X’s complaint about damage caused to a cattle grid on his property. This is because it is a complaint about negligence which is a legal matter for the courts to consider and decide.
The complaint
- Mr X complains the Authority damaged a cattle grid on his property when a fire engine drove over it and refused his claim for damages.
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 and the Authority.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X complains about the Authority’s decision to refuse his claim for damages. It denied liability and explained its reasons. It said the CCTV footage showed the cattle grid was damaged before the fire engine drove over it. Mr X disagrees with the Authority’s decision.
- We will not investigate Mr X’s complaint. This is because it is about negligence which is a legal matter for the courts to consider and decide. Deciding whether an organisation has been negligent involves looking rigorously, and in a structured way at evidence as only the courts can to make its findings. We cannot decide whether an organisation has been negligent and so should pay damages. We also have no powers to recommend or enforce an award of damages.
- We would expect someone in Mr X’s position to seek a remedy in the courts either directly or via his insurers if he wishes to pursue the matter further. It is not a matter we can decide. It is reasonable to expect Mr X to use his right to pursue his claim in the courts.
Final decision
- We will not investigate Mr X’s complaint because it is about negligence and it is reasonable to expect him to use his right to make his claim in the courts.
Investigator's decision on behalf of the Ombudsman