Summary: We will not investigate Miss X’s complaint about a tree stump causing damage to her vehicle. This is because there is another body better placed and subsequently, we cannot achieve the outcome she wants.

The complaint

1. Miss X said that, whilst exiting a car park, her vehicle struck a tree stump located near the exit. She said the stump was not visible to drivers and as a result, her vehicle was damaged and required repairs. Miss X said this caused her frustration and inconvenience. She wants the Council to reimburse her for the cost of the repairs.

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The Ombudsman’s role and powers

2. 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, or
• there is another body better placed to consider this complaint.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered information provided by Miss X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. We will not investigate Miss X’s complaint. This is because we cannot determine whether the Council is legally liable for the damage to her vehicle. Liability for such matters is ultimately a matter for the Council’s insurers or if necessary, the courts to determine.
6. We recognise Miss X has already contacted the Council and that there has been a delay in responding to her claim. However, this does not change the fact that determining liability and awarding compensation for the damage to her vehicle is outside our remit. Miss X may wish to seek independent legal advice and if appropriate, pursue the matter through the courts.
7. As we cannot determine the Council’s legal liability or require it to reimburse Miss X for her vehicle repairs, we cannot achieve the outcome she wants.

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Final decision

8. We will not investigate Miss X’s complaint because there is another body better placed and subsequently, we cannot achieve the outcome she wants.

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Investigator's decision on behalf of the Ombudsman