Summary: We will not investigate this complaint regarding the complainant’s allegation that a Council employee damaged her car. This is because it is reasonable for the complainant to go to court if the Council’s insurers reject her claim.

The complaint

1. The complainant, Ms X, says a Council employee damaged her car while carrying out her duties as an employee. Ms X wants the Council to reimburse the £250 she spent on repairs.

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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 Ms X and the Council. I also considered our Assessment Code.

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My assessment

5. Ms X says a Council employee damaged her car while on duty for the Council. Ms X says the repairs cost £250. Ms X asked the Council to reimburse the £250.
6. The Council initially treated Ms X’s claim as a complaint but then, a few days later, passed the claim to its insurers to assess.
7. The insurers will assess the claim and decide if the Council is liable for the damage. If the insurers reject the claim Ms X can take the Council to court. It is reasonable to expect Ms X to do this because only insurers or the courts can determine liability for damage; this is not a decision we can make. There is a relatively low cost and simple procedure to make a money claim in court.
8. Alternatively, Ms X could make a claim on her own insurance although I appreciate the excess may mean this is not worthwhile.

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Final decision

9. We will not investigate this complaint because it is a matter for the courts to determine.

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Investigator's decision on behalf of the Ombudsman