Durham County Council (19 016 237)
Category : Transport and highways > Other
Decision : Closed after initial enquiries
Decision date : 08 Jan 2020
The Ombudsman's final decision:
Summary: The Ombudsman will not investigate Mr X’s complaint that the Council will not compensate him for damage caused to his car by a kerbstone. It is reasonable to expect Mr X to resort to court action for the compensation he seeks and the complaint is therefore outside the Ombudsman’s legal remit.
The complaint
- The complainant, whom I shall call Mr X, complains the Council will not pay for repairs to his car after it was damaged by a kerb that was in a poor condition.
The Ombudsman’s role and powers
- 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)
How I considered this complaint
- I have considered what Mr X said in his complaint.
What I found
- Mr X says his car tyre was damaged by a kerb that was in a poor condition. Mr X wants the Council to pay for the repairs needed to his car.
Assessment
- The Ombudsman cannot determine if the Council is legally liable for the damage caused to Mr X’s car or whether it should pay compensation. Ultimately, only the courts can do this. There is a low cost procedure open to anyone to make a money claim through the courts.
- For these reasons, it is reasonable to expect Mr X to resort to court action and the complaint is therefore outside our legal remit and we will not investigate
Final decision
- 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.
Investigator's decision on behalf of the Ombudsman