Summary: We will not investigate Mr X’s complaint about damage caused to his car by the Council’s contractor and the outcome of his claim for damages. This is because this is a complaint about negligence which is a legal matter for the courts to consider and decide. We cannot decide a negligence claim.

The complaint

1. Mr X complains his car was damaged by a Council contractor and his claim for damages has been wrongly refused by both the Council and the contractor.

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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 effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr X submitted a claim for damages to the Council, stating his car was damaged by the Council’s contractor when it was line-marking his disabled parking space.
8. The Council and the contractor have both denied liability and explained their reasons. It advised Mr X of his right to seek legal advice or pursue the matter via legal processes.
9. Mr X disagrees with the decision to refuse his claim and has explained his reasons.
10. We will not investigate Mr X’s Complaint. This is because it is a complaint about negligence which is a legal matter for the courts to consider and decide. We cannot decide a negligence claim. Deciding whether an organisation has been negligent usually involves looking rigorously, and in a structured way at evidence, as only the courts can, to make its findings. In addition, only a court can decide if the Council has been negligent and so should pay damages. We cannot recommend actions or payments that ‘punish’ the Council.
11. We cannot decide whether the Council has been negligent and have no powers to enforce an award of damages. So, we would usually expect someone in Mr X’s position to seek a remedy in the courts, either directly or via his insurers. Mr X refers to his intention to pursue a claim in the courts through his correspondence with the Council and this is the suitable route for him to take should he wish to pursue his claim further. It is reasonable to expect Mr X to use his right to make a claim in the courts if he considers his claim has been incorrectly refused. Making a claim is a simple, low cost and accessible process. Fees are set on a sliding scale depending on the level of the monetary claim. Those on a low income can apply for help with the fees.

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Final decision

12. We will not investigate Mr X’s complaint because it is about a negligence claim which is a legal matter for the courts to consider and decide.

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Investigator's decision on behalf of the Ombudsman