Essex County Council (19 012 184)
Category : Transport and highways > Highway repair and maintenance
Decision : Closed after initial enquiries
Decision date : 06 Jan 2020
The Ombudsman's final decision:
Summary: Mr X complains the Council has damaged his driveway. The Ombudsman will not investigate this complaint as it is outside his jurisdiction. Mr X can ask the courts to decide if the Council is liable for the damage.
The complaint
- Mr X says the Council damaged his driveway when it parked heavy equipment on it during highway repairs.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out the Ombudsman’s powers but also imposes restrictions on what she can investigate.
- The law says the Ombudsman cannot normally investigate a complaint when someone could take the matter to court. However, she may decide to investigate if she considers it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c))
How I considered this complaint
- I considered the information provided by Mr X, including the Council’s responses to him.
What I found
- Mr X says the Council damaged his drive when it parked heavy equipment on it when it was carrying out work on the highway. He complains the Council has refused to pay for repairs.
- If Mr X believes the Council is responsible for the damage to his drive, he can make a claim on its insurance. If that is refused, he can make a claim against it for damages in court. It is for the courts to decide if the Council was responsible for the damage and whether it should pay Mr X financial damages. Because Mr X has a legal remedy his complaint is outside the jurisdiction of the Ombudsman.
- I have discretion to investigate the complaint even though Mr X has a legal remedy. Questions of negligence involves making decisions on contested questions of fact and law which require rigorous procedures of civil litigation for their proper determination. I consider it reasonable that Mr X should take legal action if he believes the Council is at fault. Therefore, I will not exercise discretion to investigate the complaint.
Final decision
- Subject to any comments Mr X might make, my view is the Ombudsman should not investigate this complaint. It is outside our jurisdiction as Mr X can ask the courts to decide whether the Council is liable for the damage to his drive.
Investigator’s decision on behalf of the Ombudsman
Investigator's decision on behalf of the Ombudsman