London Borough of Southwark (19 015 645)

Category : Transport and highways > Other

Decision : Upheld

Decision date : 29 Jan 2020

The Ombudsman's final decision:

Summary: The Ombudsman will not consider Mr P’s complaint the Council damaged his car with a bin lorry and did not take responsibility. This is because the Council have provided an appropriate remedy.

The complaint

  1. Mr P complains the Council damaged his car with a bin lorry and did not take responsibility for it. Mr P also complains the Council considered his complaint unsympathetically and unprofessionally.
  2. Mr P says this has caused him unnecessary distress and concern.

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The Ombudsman’s role and powers

  1. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions a council has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)

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How I considered this complaint

  1. I have considered all the information Mr P provided. I have also considered the Council’s response.

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What I found

Car Damage

  1. Mr P’s complained the Council was negligent when its bin lorry damaged his parked car in October 2019. He says the Council did not make him aware of the incident and he only found out about it because an eyewitness told him. Mr P contacted the Council about the incident and its insurers considered his claim. The Council insurers have agreed to make repairs to Mr P’s vehicle and have provided him with a hire car.
  2. The Council has taken appropriate action to remedy Mr P’s complaint. It is unlikely investigation would achieve a substantively more favourable outcome.

Complaint Handling

  1. Mr P says the Council was unsympathetic and unprofessional in considering his complaint.
  2. It is not a good use of public resources to investigate complaints about complaint procedures if we are not dealing with the substantive issue.

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Final decision

  1. The Ombudsman will not consider Mr P’s complaint the Council damaged his car with a bin lorry and did not take responsibility. This is because the Council have provided an appropriate remedy.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman

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