Summary: We will not investigate Ms B’s complaint that her car was damaged because the Council failed to manage temporary roadworks properly. This is because it is reasonable for Ms B to pursue her compensation claim at court if needed.

The complaint

1. Ms B complains her car was damaged due to the Council’s failure to manage temporary roadworks properly. Ms B says even though the traffic light was green she encountered oncoming traffic and was advised by a workman to reverse to allow oncoming traffic to pass. Ms B says this resulted in her scraping her car on a road sign which she could not see and the workmen did not help her. Ms B complains the Council has refused her compensation claim and has wrongly said she drove through a red light.

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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 Ms B.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Ms B complains her car was damaged because the Council failed to manage temporary roadworks properly. So, in effect, Ms B’s complaint is that the Council has been negligent.
7. The Council’s insurers did not accept the Council is liable for the damage to Ms B’s car. But, in response to Ms B’s comments the insurers have said they will look at the claim again.
8. If Ms B is not satisfied with the insurer’s final decision on her claim she may pursue the matter by taking the Council to court.
9. The role of the Ombudsman is to consider complaints of administrative fault. We take the view negligence claims are best decided by an organisation’s insurers and if needed, the courts.
10. 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. 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.
11. 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 Ms B’s position to seek a remedy in the courts, directly or through her insurers. I do not consider there is any exceptional reason why Ms B cannot do this if the Council refuses her claim.
12. Ms B also complains that the Council is taking too long to decide her claim. But, we would not normally investigate a complaint about delay, if as in this case, we are not investigating the substantive matter complained about. The information does not suggest any delay by the Council is so excessive it would justify our involvement. Also, any delay is partly the result of the Council agreeing to look at its decision again, which may result in a favourable outcome for Ms B.
13. So, we will not investigate this complaint.

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Final decision

14. We will not investigate Ms B’s complaint because it is reasonable for Ms B to take the Council to court if needed.

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Investigator's decision on behalf of the Ombudsman