Summary: We will not investigate this complaint about a Council contractor allegedly causing damage to Mr X's vehicle. This is because any claim for damage to property is a matter for insurers or the courts.

The complaint

1. Mr X says a Council contractor deposited grass cuttings and debris on his car while carrying out grass-cutting works on a nearby verge. He says he incurred a cost of £40 to have his car cleaned and is concerned the incident may have damaged his paintwork. He says the Council should reimburse this cost and take steps to prevent similar incidents in future.

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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:

• there is not enough evidence of fault to justify investigating, or
• any injustice is not significant enough to justify our involvement, or

we could not add to any previous investigation by the organization. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

How I considered this complaint

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

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My assessment

6. The Council considered Mr X's complaint but did not uphold his request for compensation. It acknowledged his frustration and explained that its contractor takes precautions to minimise the risk of grass cuttings affecting nearby vehicles. The Council said the contractor uses guarded equipment and provides staff training, although it accepts that some grass cuttings may disperse during verge maintenance.
7. The legislation from which the Ombudsman takes their power also places some restrictions on what we may investigate. One of these concerns negligence claims about damage to property, such as that Mr X has described. We cannot determine liability claims for negligence. These are legal claims which may only be determined by insurers or the courts.
8. In addition, we do not investigate every complaint we receive and must focus our limited resources on complaints that have caused a significant personal injustice. While I recognise Mr X's frustration, I do not consider he has suffered a significant injustice in this case. The Council acknowledged his concerns and explained the steps its contractor takes to minimise the risk of grass cuttings affecting nearby vehicles. I consider this a proportionate and reasonable response.
9. We will not investigate Mr X’s complaint. We cannot determine liability or award damages, if Mr X believes the Council or its contractor caused damage to his vehicle and should reimburse him for cleaning, repairs, or any other losses, he must pursue that claim through the appropriate insurance process or the courts.

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Final decision

10. We will not investigate this complaint. This is because any claim for damage to property is a matter for insurers or the courts.

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Investigator's decision on behalf of the Ombudsman