Summary: We will not investigate this complaint about a compensation claim against the Council as ultimately this is a matter for the courts and something that we cannot determine.

The complaint

1. Ms X seeks compensation from the Council for damage caused to her car by a road sign that blew into it in high winds. Ms X has been impacted financially.

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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 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.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. We cannot determine if the Council is legally liable for the damage caused to Ms X’s car or whether it should pay compensation to her. Such matters can ultimately only be determined by the courts and there is a simple low cost procedure open to anyone to make such a claim. It is reasonable therefore to expect Ms X to resort to court action and we will not therefore investigate.

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Final decision

7. We will not investigate Ms X’s complaint because we cannot determine compensation claims as these are matters for the courts and there is a procedure open to Ms X to apply to the courts for such a determination.

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Investigator's decision on behalf of the Ombudsman