Summary: We will not investigate this complaint about damage to a car in a car park where the CCTV was not working. This is because it is reasonable for the complainant to use the legal remedy available.

The complaint

1. Miss X complained on behalf of her father (Mr X) whose car was damaged by an unknown third party when it was parked in a council operated car park. Miss X has asked the Council for CCTV footage to help with an insurance claim, but the CCTV system was not working. Miss X says Mr X would not have parked there if he had known this. The Council has refused to pay for the damage to Mr X’s car.

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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 the complainant and the Ombudsman’s Assessment Code.

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My assessment

5. Miss X’s claim is that the Council should pay for the damage to Mr X’s car because it was negligent. Only the courts can decide claims of negligence. Now the Council has refused a claim for damages, it is open to Miss X and her father to make a claim in court. The court can decide if the Council has been negligent and what damages, if any, it should pay. These are not decisions the Ombudsman can take. It is therefore reasonable for Miss X, and her father, to use the legal remedy available.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman