Summary: We will not investigate Mr X’s complaint about the Council’s failure to deal with an obstruction to the public highway which caused him to damage his vehicle. This is because there is not enough evidence of fault by the Council and if Mr X believes the Council is responsible for the damage it would be reasonable for him to take the matter to court.

The complaint

1. The complainant, Mr X, complains the Council has not taken action to stop a van from obstructing the highway near his home. As a result he had to drive on the pavement to get around the van and he damaged his alloy wheels. He made a claim to the Council for the cost of repairs but it refused the claim.

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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. 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 and the Ombudsman’s Assessment Code.

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My assessment

5. If Mr X considers the Council is responsible for the damage to his vehicle it would be reasonable for him to take the matter to court. It is not for us to determine liability for the incident or to provide a remedy for property damage.
6. While Mr X has ongoing concerns about the van obstructing the highway the Council has explained this is a matter for the police. There are currently no parking restrictions in-force along the road and West Yorkshire Police’s website confirms it has “responsibility for and the ability to deal with nuisance / obstruction offences”.

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Final decision

7. We will not investigate this complaint. This is because there is not enough evidence of fault by the Council and if Mr X considers it is responsible for the damage to his car it would be reasonable for him to take the matter to court.

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Investigator's decision on behalf of the Ombudsman