Summary: Mr X complained council staff damaged his property, trespassed, and caused personal injuries. We will not investigate Mr X’s complaint. This is because there is a legal remedy available to Mr X and it is reasonable for him to use it.

The complaint

1. Mr X complained about Council staff maintaining the public highway. Mr X says he was hit with foliage and cuttings as the Council’s staff were not using their equipment correctly. Mr X says that as well as the injuries he suffered, the Council’s staff trespassed onto, and damaged his own property. Mr X says the Council’s actions caused injury, damage, and distress. Mr X wants the Council to review its health and safety measures and to pay him compensation.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
3. 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

4. I considered information provided by Mr X. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The issue at the heart of Mr X’s complaint is that the Council’s negligence caused damage and personal injuries. This is a matter for the Council’s insurers and the courts. If the Council’s insurers reject a formal claim for damages from Mr X, it is open to him to make a claim in court. I see no reason Mr X should not use the legal remedy available to him. The court can decide what damages, if any, the Council should pay, and what other actions it should take. These are not decisions the Ombudsman can take. Mr X also says the Council’s staff trespassed onto his property. Trespass is primarily a civil matter and is not something we will consider.

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Final decision

6. We will not investigate this complaint because it is reasonable for Mr X to use the legal remedy available to him.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman