Durham County Council (24 020 357)
Category : Transport and highways > Other
Decision : Closed after initial enquiries
Decision date : 01 Apr 2025
The Ombudsman's final decision:
Summary: We will not investigate this complaint the Council are liable for the costs of damage caused to an unattended motor vehicle. This is because the courts are better suited to decide liability for damaged property and it would be reasonable for Miss X to pursue any claim through the Council’s insurers or the courts if necessary.
The complaint
- Miss X was unhappy the Council did not take steps to keep a motor vehicle, that belonged to her late father, in a secure location, when it found it unattended. Miss X said because it had then been left unattended in a public place for several months, she found it extensively damaged and believes the Council are liable for this damage. Miss X wants the Council to reimburse her the full value of the motor vehicle.
The Ombudsman’s role and powers
- 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)
How I considered this complaint
- I considered information provided by the complainant and I considered the Ombudsman’s Assessment Code.
My assessment
- Miss X complained to the Council and said it had left her late father’s motor vehicle unattended in a public place. She said when she recovered it, it was extensively damaged. The Council wrote back to Miss X and said it had contacted her previously about this and she had declined for the Council to store it. It also said, for a long period, the Police had temporarily held the keys during an investigation. The Council declined liability for any damage to the motor vehicle.
- We will not investigate this matter, because we cannot decide liability for loss or damage to property, and nor can we award compensation. These are legal claims, which are better suited to be considered by the courts, if the Council’s insurers deny liability.
Final decision
- We will not investigate Miss X’s complaint because only the Council’s insurers, or the courts can decide liability and award compensation and therefore it would be reasonable for her to pursue her claim there.
Investigator's decision on behalf of the Ombudsman