Summary: We will not investigate Miss B’s complaint that her car was damaged due to the Council’s failure to manage road re-surfacing works properly. This is because it is reasonable for Miss B to pursue her compensation claim by taking the Council to court.

The complaint

1. Miss B complains her car was damaged by loose grit and tar due to the Council’s failure to safely manage road re-surfacing works. Miss B says the Council did not close the road or warn motorists that the road had been recently re-surfaced. Miss B would like the Council to pay her compensation for her repair costs and the stress she has suffered.

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

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My assessment

6. Our role is to consider complaints of administrative fault. We do not normally investigate complaints about damage to property. This is because in effect such complaints are that an organisation has been negligent. Negligence claims are best decided by an organisation’s insurers, and if needed, the courts.
7. The Council has considered Miss B’s compensation claim but has not accepted responsibility for the damage to her car. Miss B may now pursue her claim by taking the Council to court.
8. I find it is reasonable for Miss B to do this. Only the courts can decide if an organisation has been negligent and if so, make an order for damages.
9. The initial fee for making a claim is relatively modest and help with fees is available for people on a low income.
10. So, we will not investigate this complaint.

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Final decision

11. We will not investigate Miss B’s complaint because it is reasonable for her to take the Council to court.

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Investigator's decision on behalf of the Ombudsman