Summary: We will not investigate this complaint about the Council causing damage to Mrs X’s motor vehicle and property. Mrs X can make a claim to the Council’s insurer and seek a remedy in court if necessary. Only the courts can decide whether the Council should pay damages.

The complaint

1. Mrs X complains the Council caused damage to her vehicle and fence when it carried out works close to her home.

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The Ombudsman’s role and powers

2. 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)
3. Negligence claims and interpreting the law around civil liability are generally best decided by a court where the Council does not accept insurance liability. Only a court can decide if the Council is liable to pay damages for a person’s loss.

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How I considered this complaint

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

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Final decision

6. We will not investigate Mrs X’s complaint because she can make a claim to the Council’s insurer and if it does not accept liability, she can pursue a remedy in court. It is reasonable for Mrs X to use this route because only the courts can decide if the Council should pay damages.

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Investigator's decision on behalf of the Ombudsman