Summary: We will not investigate Mr B’s complaint that his property was damaged when the Council cut the grass outside his home. This is because it is reasonable for Mr B to pursue his compensation claim at court.

The complaint

1. The complainant, who I will refer to as Mr B, complains that his car and a window of his house were damaged by a stone which was flicked up by a Council grass cutter outside his home. Mr B complains the Council’s insurer has denied liability for the damage even though he has video evidence of what happened. Mr B would like the Council to pay the costs he paid repairing his car and window.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. The Act 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 B.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. We do not normally investigate complaints about damage to property. This is because such complaints are about whether an organisation has been negligent.
7. Deciding whether an organisation has been negligent usually involves looking rigorously and in a structured way at evidence as only the court can to make its findings. In addition, only a court can decide if an organisation has been negligent and so should pay damages. We cannot recommend actions or payments that ‘punish’ the organisation.
8. I cannot decide whether the Council has been negligent and have no powers to enforce an award of damages.
9. So, I would usually expect someone in Mr B’s position to seek a remedy in the courts, directly or through his insurers. I do not consider there is any exceptional reason why Mr B cannot do this. So, we will not investigate this complaint.

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Final decision

10. We will not investigate Mr B’s complaint because it is reasonable for him to pursue his compensation claim at court.

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Investigator's decision on behalf of the Ombudsman