Summary: We will not investigate Mr X’s complaint that his car was damaged by unsafe roadworks. This is because it is reasonable for Mr X to pursue his compensation claim by taking the Council to court.

The complaint

1. Mr X complains about vehicle damage, which he says was caused by poor and dangerous roadworks carried out by Council contractors. He complains the Council failed to make sure the highway was safe for public use.
2. Mr X says it was the Council’s responsibility to make sure its contractors addressed any claims arising from the contractors’ actions. He says the Council failed to suitably supervise its contractors’ activities due to lack of resources.

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The Ombudsman’s role and powers

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. We do not normally investigate complaints about property damage. This is because, in effect, such complaints are that an organisation has been negligent.
8. The Council has considered Mr X’s claim for compensation, but it did not accept the Council was liable for the damage to his car. It said it was not liable for the actions of its contractors, and it could not influence the outcome of any insurance claim pursued against its contractors.
9. The contractors separately rejected Mr X’s claim for damages.
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. In addition, only a court can decide if an organisation has been negligent and so should pay damages.
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 Mr X’s position to seek a remedy in the courts. The Council has reached a decision about Mr X’s claim and referred him to its contractors based on its decision. Any dispute about liability is for the courts. Mr X may pursue his claim by taking the Council to court. I consider it reasonable for Mr X to do this. For these reasons, we will not investigate Mr X’s complaint.
12. Mr X complains about the contractors handling of his claim. He says the Council should resolve the matter. But, it is not normally a good use of our limited resources to investigate an organisation’s handling of a compensation claim alone if we are not investigating the substantive matter. We will not investigate this part of the complaint.

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Final decision

13. We will not investigate Mr X’s complaint that his car was damaged by unsafe roadworks. This is because it is reasonable for Mr X to pursue his compensation claim by taking the Council to court.

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Investigator's decision on behalf of the Ombudsman