Summary: We will not investigate this complaint about a compensation claim as Mr X can reasonably address this via legal action.

The complaint

1. Mr X complains about damage caused to his coat by a poorly designed Council sign, which he says was later removed. Mr X seeks compensation from the Council for the damage.

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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 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)

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How I considered this complaint

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

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My assessment

6. We cannot determine compensation claims as these are matters ultimately that a court can only decide. There is a simple, low-cost procedure open to anyone to make a money claim through the courts. It is reasonable to expect Mr X to take such action therefore, and as such, we will not investigate.

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Final decision

7. We will not investigate Mr X’s complaint because it is reasonable to expect him to take legal action for the compensation he seeks.

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Investigator's decision on behalf of the Ombudsman