Summary: We will not investigate this complaint about the Council’s liability for veterinary fees, because we cannot decide liability for a financial claim. Therefore, it would be reasonable for Mr X to pursue his claim for liability through the courts. In any case we cannot achieve Mr X’s desired outcome.

The complaint

1. Mr X was unhappy he incurred veterinary fees for treatment to a family pet, saying the Council was liable, because of poor highway verge maintenance. He also wants the Council to increase the amount of verge cutting it does, to prevent a recurrence.

Back to top

The Ombudsman’s role and powers

2. 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)
3. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

Back to top

How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

6. Mr X said he had a family pet treated by a veterinary practitioner, because it sustained an injury. Mr X said if the verge had been properly maintained by the Council, this would not have occurred. Mr X also wants the Council to increase how often it carries out maintenance on the verges to prevent something like this happening again.
7. We will not investigate this complaint, because we cannot determine whether the Council is liable for Mr X’s veterinary fees. These are matters for lawyers and courts, after an unsuccessful claim to the Council’s insurers. And because we cannot decide, it is reasonable to expect Mr X to consider making his claim with the courts as an alternative legal remedy.
8. In any case, we could not direct the Council to increase its maintenance arrangements and so cannot achieve what Mr X is looking for.

Back to top

Final decision

9. We will not investigate Mr X’s complaint because he has an alternative legal remedy, and we cannot achieve what he is looking for.

Back to top

Investigator's decision on behalf of the Ombudsman