London Borough of Bromley (24 012 406)
Category : Transport and highways > Highway repair and maintenance
Decision : Closed after initial enquiries
Decision date : 15 Oct 2024
The Ombudsman's final decision:
Summary: We will not investigate Mr B’s complaint that the Council has not paid him compensation after his car was scratched by an overgrown roadside tree. This is because it is reasonable for Mr B to pursue his compensation claim at court.
The complaint
- Mr B says his car was damaged by a tree branch due to the Council’s failure to maintain roadside vegetation. Mr B complains the Council has wrongly refused his compensation claim for the damage to his car.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- 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)
How I considered this complaint
- I considered information provided by Mr B.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr B complains his car was damaged because the Council failed to maintain roadside vegetation it is responsible for. So, in effect, Mr B’s complaint is that the Council has been negligent.
- The Council has considered Mr B’s claim for compensation but did not accept the Council is liable for the damage to his car. Mr B may pursue his claim by taking the Council to court.
- 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.
- So, I would usually expect someone in Mr B’s position to seek a remedy in the courts, directly or through his insurers. I do not consider it is unreasonable for Mr B to do this. So, we will not investigate this complaint.
Final decision
- We will not investigate Mr B’s complaint because it is reasonable for him to pursue his compensation claim at court.
Investigator's decision on behalf of the Ombudsman