Northamptonshire County Council (19 006 632)
Category : Transport and highways > Highway repair and maintenance
Decision : Closed after initial enquiries
Decision date : 11 Sep 2019
The Ombudsman's final decision:
Summary: The Ombudsman will not investigate Mr X’s complaint about the Council’s gritting vehicle damaging his car paintwork. Mr X’s complaint is a claim that the Council has been negligent. That is a matter for the courts to decide. The Ombudsman cannot make decisions on such legal matters.
The complaint
- Mr X complains the Council used salt and grit on the roads which damaged his car paintwork. Mr X considers this was due to the Council using the wrong type of salt. He wants the Council to pay for the damage the salt caused.
The Ombudsman’s role and powers
- 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
- As part of my assessment I have:
- considered the complaint and the documents provided by Mr X;
- issued a draft decision, inviting Mr X to reply.
What I found
- In February 2019, a Council gritting lorry sprayed Mr X’s car with salt. On washing his car a few days later, Mr X found the salt had marked the paintwork, leaving marks which would not come off. Mr X complained to the Council a few days later. He has not received a substantive response to his complaint.
- Mr X’s complaint amounts to an allegation the Council or its contractor was negligent by using salt which damaged his car. Only a court can decide on issues of negligence and make an award of damages. The Ombudsman cannot make decisions on negligence. So I consider it would be reasonable to expect Mr X to seek a remedy in court. He may wish to seek legal advice before taking that route.
- It is unfortunate the Council has not replied substantively to Mr X’s complaint. But the Ombudsman will not investigate a council’s complaint process in isolation, when he is not investigating the core complaint issue.
Final decision
- The Ombudsman will not investigate this complaint. This is because:
- Mr X’s complaint is an allegation of Council negligence causing damage to his car. The appropriate route for Mr X to pursue the matter is in the courts.
Investigator's decision on behalf of the Ombudsman