Summary: We will not investigate Mrs B’s complaint about the Council not accepting her complaint under the Council’s complaints procedure. This is because there is not enough evidence of fault to justify an investigation.

The complaint

1. Mrs B complains the Council has refused to consider her complaint, which is about her vehicle being damaged by a pothole, under the Council’s complaints procedure.

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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 impact 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 there is not enough evidence of fault to justify investigating.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered information provided by Mrs B and the Council’s complaints policy.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The Council told Mrs B that a claim for vehicle damage should be made to the Council’s insurers and it will not consider a complaint about vehicle damage under the Council’s complaints procedure.
6. This was in line with the Council’s complaints policy which says the policy does not include complaints covered by the Council’s insurance procedures. The Council’s approach is similar to many local authorities and there is not enough evidence of fault to justify an investigation.

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Final decision

7. We will not investigate Mrs B’s complaint because there is not enough evidence of fault to justify an investigation.

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Investigator's decision on behalf of the Ombudsman