Summary: We will not investigate Ms X’s complaint that she incurred significant financial losses when she failed her driving test due to a confusing and unnecessary road sign. This is because this is a complaint about negligence which is a legal matter for the courts to consider and decide and it is reasonable to expect Ms X to use her right to make a claim in the courts.

The complaint

1. The complainant, whom I shall call Ms X, complains she incurred thousands of pounds of losses when she failed her practical driving test in early 2021. Ms X said this was due to the Council’s negligence in installing a confusing and unnecessary road sign.

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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 Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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)
5. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)

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How I considered this complaint

6. I considered information provided by the complainant.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. Ms X submitted a claim for damages to the Council, complaining she incurred significant financial losses when she failed her practical driving test in early 2021. Ms X said this was due to the Council’s negligence in installing a confusing and unnecessary road sign.
9. The Council has considered Ms X’s claim, It denied liability and explained the reasons for its decision.

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Final decision

10. We will not investigate Ms X’s complaint because it lies outside our jurisdiction. This is because this is a complaint about negligence which is a legal matter for the courts to decide. The Ombudsman cannot decide a negligence claim. Only the courts can decide if the Council was negligent and, if so, whether it should award any damages Ms X seeks. It is reasonable to expect Ms X to use her right to make a claim in the courts.
11. The complaint also lies outside our jurisdiction because it is late. The law says a complaint should be made to us within 12 months of a person first becoming aware of the matter. However, due to the restriction set out in paragraph 10 above, it is unlikely we would have investigated this complaint even if it was made within 12 months.

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Investigator's decision on behalf of the Ombudsman