Summary: We will not investigate Miss B’s complaint that her car was damaged when Council workers were cutting grass nearby. This is because it is reasonable for Miss B to pursue her compensation claim at court.

The complaint

1. Miss B complains her car window was smashed when Council workers were using grass strimmers nearby. Miss B says the Council has refused her claim for compensation even though Council workers left a note saying they caused the damage. Miss B would like the Council to pay her compensation for her repair costs of £140.

Back to top

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)

Back to top

How I considered this complaint

4. I considered information provided by Miss B.
5. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

6. We do not normally investigate complaints about damage to property. This is because in effect such complaints are that an organisation has been negligent. Our role is to consider complaints of administrative fault. Negligence claims are best decided by an organisation’s insurers, and if needed, the courts.
7. Miss B has received the Council’s decision on her compensation claim. Miss B may now pursue her claim by taking the Council to court.
8. Only a court can decide if the Council was negligent, and if so, enforce an award of damages. We cannot recommend actions or payments that ‘punish’ an organisation.
9. I find it is reasonable for Miss B to take the Council to court and the initial fee for making a claim is relatively modest. Miss B may also seek legal advice if needed.
10. So, we will not investigate Miss B’s complaint.

Back to top

Final decision

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

Back to top

Investigator's decision on behalf of the Ombudsman