Birmingham City Council (26 011 335)
Category : Other Categories > Other
Decision : Closed after initial enquiries
Decision date : 27 Jul 2026
The Ombudsman's final decision:
Summary: We will not investigate Mr X’s complaint about damage to his car. This is because it would be reasonable to expect Mr X to go to court to decide any Council liability for the damage and if compensation is appropriate.
The complaint
- Mr X says metal fencing belonging to the Council’s contractor fell on to his car. He is seeking an investigation and compensation for the damage to his car.
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
- Mr X complains the Council failed to properly deal with his claim and complaint following damage to his vehicle. Mr X says metal fencing, linked to works being undertaken by the Council's contractor, fell onto his car during bad weather.
- We will not investigate as it is reasonable to expect Mr X to go to court. Mr X’s complaint is effectively a claim for damages arising from the Council’s alleged liability for its contractors causing that damage.. The Ombudsman has no powers to legally determine liability nor compel Councils to pay compensation as a court can. Therefore, this is a matter better determined by the courts.
- Mr X is also concerned with how the Council has handled his complaint and compensation claim. We will not investigate the complaints/claims process on its own as it is not proportionate to do so when we are not investigating the underlying complaint matters.
Final decision
- We will not investigate Mr X’s complaint because it is reasonable to expect him to go to court.
Investigator's decision on behalf of the Ombudsman