Summary: We will not investigate Mr X’s complaint about the Council’s decision to refuse his claim for damages after his car was damaged by a drain cover. This is because this is a complaint about negligence which is a legal matter for the courts to consider and decide.

The complaint

1. Mr X complains about the Council’s decision to refuse his claim for damages after his car hit a drain cover. He says the Council has not considered the evidence he provided which supports his claim.

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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.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr X submitted a claim for damages after his car was damaged when it hit a drain cover.
8. The Council considered Mr X’s claim. It denied liability and explained its reasons. It advised Mr X of his right to pursue a claim via the small claims court.
9. We will not investigate Mr X’s complaint. This is because this is a complaint about a negligence claim which is a legal matter for the courts to consider and decide. 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. In addition, 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 Council.
10. It is reasonable to expect Mr X to use his right to make his claim in the courts if he wants to pursue the claim further. This would also achieve the outcomes Mr X seeks which are to have his evidence reconsidered and the outcome reviewed. Making a claim is a simple, low cost and accessible process with fees set on a sliding scale depending on the level of the claim. Those on a low income can apply for help with the fees.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman