Summary: The Ombudsman will not investigate Mr X’s claim for damages from the Council as it is reasonable to expect Mr X to resort to court action for the compensation he seeks.

The complaint

1. The complainant, whom I shall call Mr X, complains the Council will not compensate him for damage caused to his van after Mr X collided with a bollard at a busy road junction.

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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)

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How I considered this complaint

3. I have considered what Mr X said in his complaint and his comments in response to my draft decision.

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What I found

4. Mr X collided with a bollard at a busy road junction resulting in damage to his van. Mr X feels the Council does not manage this junction correctly which he says is dangerous. Mr X complains the Council will not compensate him for the damage caused to his van.

Assessment

5. We cannot determine if the Council is liable, through negligence, for the damage caused to Mr X’s van. Only the courts can do this. There is a low cost procedure open to anyone to make a money claim through the courts. Or Mr X could consider using a ‘no win no fee’ solicitor.
6. For these reasons, it is reasonable to expect Mr X to resort to court action and the complaint therefore is outside our legal remit and we will not investigate.

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Final decision

7. My decision is that the Ombudsman should not investigate this complaint. This is because it is reasonable to expect Mr X to resort to court action for the compensation he seeks. The complaint is therefore outside the Ombudsman’s legal remit.

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Investigator's decision on behalf of the Ombudsman