Summary: Mr X complained about the Council’s handling of his personal injury claim, freedom of information request and complaints. The Ombudsman will not investigate this complaint. This is because it is reasonable to expect Mr X to take his personal injury claim to court. The courts have said that we cannot investigate a complaint about any action by a council, concerning a matter which is itself out of our jurisdiction so we cannot consider the Council’s complaint handling.

The complaint

1. Mr X complained the Council is liable for the repair cost of his car after he drove over a traffic management feature that was missing bollards in 2018. He says that had the Council replaced the bollards he would not have damaged his car.

Back to top

The Ombudsman’s role and powers

2. 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)
3. The Information Commissioner's Office considers complaints about freedom of information. Its decision notices may be appealed to the First Tier Tribunal (Information Rights). So where we receive complaints about freedom of information, we normally consider it reasonable to expect the person to refer the matter to the Information Commissioner.
4. 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)
5. The Courts have said that we cannot investigate a complaint about any action by a council, concerning a matter which is itself out of our jurisdiction. (R (on the application of M) v Commissioner for Local Administration [2006] EHWCC 2847 (Admin))

Back to top

How I considered this complaint

6. I considered information provided by Mr X. Mr X had an opportunity to comment on my draft decision. I considered his comments before making a final decision.
7. I considered the complaint responses the Council provided Mr X with.

Back to top

What I found

Background

8. In 2018 Mr X drove over a traffic management feature and it caused damaged to his car.
9. Mr X contacted the Council and submitted a claim for it to cover the cost of the repairs to his car.
10. The claim was assessed by the Council’s insurance company and the claim was denied.
11. Mr X disagrees with the assessment of his claim and says that if the Council had maintained the highway appropriately, he would not have damaged his car.
12. Under the Freedom of Information (FOI) Act Mr X requested the Council disclose information to him. Mr X says the Council did not adhere to the statutory deadline for FOI requests.

Assessment

13. It is not the Ombudsman’s role to consider matters of liability for damages. The Council followed its procedure with regard to having its insurer consider the claim. If Mr X disagrees with the way in which the insurer considered his claim it is reasonable for him to take his personal injury claim to court.
14. Mr X has also said that he is not happy with how the Council handled his complaint. The courts have said that if we cannot look at the substantive matter of the complaint, we cannot look at any related actions, which would include how the complaint process was handled.
15. Finally, Mr X says that the Council did not adhere to the statutory timeline for FOI requests. The Information Commissioner is the most appropriate body for considering such matters. It is reasonable to expect Mr X to pursue this course of action.

Back to top

Final decision

16. The Ombudsman will not investigate this complaint. This is because it is reasonable to expect Mr X to take his personal; injury claim to court. The courts have said that we cannot investigate a complaint about any action by a council, concerning a matter which is itself out of our jurisdiction so we cannot consider the Council’s complaint handling.

Back to top

Investigator's decision on behalf of the Ombudsman