Summary: We will not investigate Mr B’s complaint that his vehicle was written off due to the Council’s failure to display sufficient signage for a traffic calming measure. This is because it is reasonable for Mr B to pursue his compensation claim by taking the Council to court.

The complaint

1. The complainant, who I will refer to as Mr B, complains that one of his business vehicles was involved in a collision which resulted in the vehicle being written off. Mr B says the incident happened because the Council did not put in place sufficient signage to warn motorists of a traffic calming measure. Mr B complains the Council has wrongly refused his compensation claim of £26,000 for the damage to his vehicle and his loss of earnings.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. The Act 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)

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How I considered this complaint

4. I considered information provided by Mr B.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr B’s complaint is that his vehicle was damaged because of Council negligence. Deciding whether an organisation has been negligent usually involves looking rigorously, and in a structured way at evidence as only the court can to make its findings. In addition, only a court can decide if an organisation has been negligent and so should pay damages. We cannot recommend actions or payments that ‘punish’ the organisation.
7. I cannot decide whether the Council has been negligent and have no powers to enforce an award of damages. So, I would usually expect someone in Mr B’s position to seek a remedy in the courts, directly or through his insurer.
8. I do not consider there is any exceptional reason why Mr B cannot do this. The amount of compensation Mr B seeks is significant, and I find it is reasonable for him to pursue his claim at court.
9. So, we will not investigate this complaint.

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Final decision

10. We will not investigate Mr B’s complaint because it is reasonable for him to take the Council to court.

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Investigator's decision on behalf of the Ombudsman