Thurrock Council (26 008 245)
Category : Transport and highways > Highway repair and maintenance
Decision : Closed after initial enquiries
Decision date : 21 Jun 2026
The Ombudsman's final decision:
Summary: We will not investigate Mr B’s complaint that his car was damaged when Council workers were cutting vegetation. This is because it is reasonable for Mr B to pursue his compensation claim at court.
The complaint
- Mr B complains his car windscreen was smashed by a stone when Council workers were using grass strimmers to cut vegetation nearby. Mr B says the Council’s insurers have wrongly refused his claim for compensation for his repair costs.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- 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)
How I considered this complaint
- I considered information provided by Mr B.
- I considered the Ombudsman’s Assessment Code.
My assessment
- 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.
- Mr B has received the Council’s decision on his compensation claim. Mr B may now pursue his claim by taking the Council to court.
- 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.
- I find it is reasonable for Mr B to take the Council to court. The initial fee for making a claim is relatively modest and help with fees is available for people on a low income. Mr B may also seek legal advice if needed.
- So, we will not investigate this complaint.
Final decision
- We will not investigate Mr B’s complaint because it is reasonable for him to take the Council to court.
Investigator's decision on behalf of the Ombudsman