Summary: We will not investigate this complaint about how the Council handled a claim for damage caused to Mrs X’s tyres. The Council paid Mrs X for the damage and apologised for the delay which is appropriate, and we could not achieve a more meaningful outcome.

The complaint

1. Mrs X complained about how the Council handled her claim for damage to her tyres. She says the Council delayed and failed to record the original claim, necessitating resubmission. She says this meant she was out of pocket for eight months and the matter caused her stress, and time and trouble. She wants the Council to make service improvements.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide:

• further investigation would not lead to a different outcome, or
• there is no worthwhile outcome achievable by our investigation.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

3. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), 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 will not usually consider complaints about damage to property or injury, because these are matters for the courts. In this case, however, the Council agreed Mrs X’s claim which means there is not a reason for her to take the matter to the small claims court. Her complaint to us is instead about how the Council handled the matter before issuing its response. We expect councils to respond appropriately to any claims but would not normally investigate a complaint that a council had not done so.
7. In any event, in this case there is insufficient evidence of any unremedied injustice remaining. The Council apologised to Mrs X for the delays in handling her claim. This is appropriate, and if we investigated it is unlikely we could achieve a more meaningful remedy. In this case, I am satisfied with the action the Council has taken and we will not investigate the complaint.

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Final decision

8. We will not investigate Mrs X’s complaint because the Council has apologised for the delays in handling her insurance claim, and I am satisfied this is sufficient to remedy the injustice to Mrs X.

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Investigator's decision on behalf of the Ombudsman