Summary: We will not investigate Mr B’s complaint that his car was damaged by gravel carried by a Council vehicle. This is because it is reasonable for Mr B to pursue his compensation claim at court.

The complaint

1. Mr B complains his car windscreen was damaged when it was passed by a Council contractor’s lorry which was carrying gravel. Mr B says the Council and its contractor have wrongly not accepted responsibility for the damage to his car. Mr B would like the Council to pay him compensation for his repair costs.

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

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My assessment

6. We do not normally investigate complaints about damage to property. This is because in effect such complaints are that an organisation has been negligent. Our role is to consider complaints of administrative fault. Negligence claims are best decided by an organisation’s insurers, and if needed, the courts.
7. Deciding whether an organisation has been negligent usually involves looking rigorously, and in a structured way at evidence as only the court can to make its findings. In addition, only a court can decide if an organisation has been negligent and so should pay damages. We cannot recommend actions or payments that ‘punish’ the organisation.
8. I cannot decide whether the Council has been negligent and have no powers to enforce an award of damages.
9. So, I would usually expect someone in Mr B’s position to seek a remedy in the courts, directly or through his insurers. I find it is reasonable to expect Mr B to do this.
10. So, we will not investigate this complaint.

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Final decision

11. We will not investigate Mr B’s complaint because it is reasonable for him to take the Council to court.

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Investigator's decision on behalf of the Ombudsman