Oxfordshire County Council (20 001 296)
Category : Transport and highways > Other
Decision : Closed after initial enquiries
Decision date : 07 Aug 2020
The Ombudsman's final decision:
Summary: The Ombudsman will not investigate Miss X’s complaint about damage caused to her car when she hit two unlit bollards. This is because this is a complaint about negligence which is a legal matter for the courts to consider and decide.
The complaint
- The complainant, whom I shall call Miss X, complains about damage caused to her car when she hit unlit bollards and about the Council’s decision to refuse her claim for damages.
The Ombudsman’s role and powers
- We can decide whether to start or discontinue an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- 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 considered the information Miss X provided. I also considered the Council’s written responses to Miss X’s claim. I sent Miss X a draft of my decision and considered her comments on it.
What I found
- Miss X’s car was damaged when she hit two unlit bollards. Miss X says this was caused by the Council’s negligence.
- Miss X submitted a claim to the Council for £350 damages. The Council has refused Miss X’s claim and has set out its defence against a negligence claim.
Final decision
- We will not investigate this complaint. This is because this is a complaint about negligence. The Ombudsman cannot decide a negligence claim as negligence is a legal matter for the courts to consider and decide. Only a court can decide if the Council has been negligent and, if so, whether it should pay any damages Miss X seeks. It is reasonable to expect Miss X to use her right to pursue her claim in the courts. The courts can also enforce any payment it may recommend. The Ombudsman has no such powers.
Investigator's decision on behalf of the Ombudsman