London Borough of Croydon (19 013 360)
Category : Transport and highways > Highway repair and maintenance
Decision : Closed after initial enquiries
Decision date : 07 Dec 2019
The Ombudsman's final decision:
Summary: The Ombudsman will not investigate Mrs X’s complaint about damage to her car from a council employee while strimming grass. This is because it is reasonable for Mrs X to use the legal remedy available to her.
The complaint
- Mrs X complains a stone was flicked into the air by a strimmer being used by a council employee. The stone broke one of her car’s windows. Mrs X wants the Council to pay for the damage.
The Ombudsman’s role and powers
- We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended)
- 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 Mrs X’s complaint to the Ombudsman and the information she provided. I also gave Mrs X the opportunity to comment on a draft statement before issuing a final decision on her complaint.
What I found
- Mrs X complains a stone was flicked into the air by a strimmer being used by a council employee. The stone broke one of her car’s windows. Mrs X wants the Council to pay for the damage. It has denied liability for the damage on the basis that “the Council have taken all reasonable precautions to avoid any damage.”
- The role of the Ombudsman is to consider complaints about administrative fault. We cannot establish liability in complaints involving damage to property. Claims for damage to property are a matter for the Council’s insurers and, ultimately, for the courts.
- If the Council’s insurers reject a formal claim from Mrs X, it is open to her to make a claim in court. I consider it would be reasonable for her to do so. This is because only the court can decide if the Council has been negligent. The court can decide what damages, if any, the Council should pay. These are not decisions the Ombudsman can take, and so an investigation is not appropriate.
Final decision
- The Ombudsman will not investigate Mrs X’s complaint. This is because it is reasonable for Mrs X to use the legal remedy available to her.
Investigator's decision on behalf of the Ombudsman