Summary: We will not investigate Mrs X’s complaint about the Council’s response to her insurance claim. This is because it would be reasonable to expect Mrs X to go to court.

The complaint

1. Mrs X complains about the Council's handling of her insurance claim arising from two tyre blowouts on a Council road. Mrs X complains that, while the Council accepts liability, it has failed to reimburse her for a £75 emergency call-out fee.

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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 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

4. I considered information provided by the complainant. I also considered the Ombudsman’s Assessment Code.

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My assessment

5. The Council advises Mrs X that call-out fees fall outside the scope of costs it would reimburse under her claim. It advises Mrs X she can seek legal advice if dissatisfied.
6. We will not investigate. This is because the core complaint concerns a dispute about compensation following property damage and the recoverability of a £75 call-out fee. This is a matter a court is better placed to determine. The Ombudsman cannot decide legal liability or compel the Council to pay compensation. It would be reasonable to expect Mrs X to go to court.

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Investigator's decision on behalf of the Ombudsman