Summary: We will not investigate this complaint about damage to the complainant’s motor vehicle. This is because the complainant has an alternative legal remedy, to pursue a claim of negligence through the courts. Only the courts can decide whether the Authority was negligent. It is therefore reasonable to expect them to use their legal remedy.  

The complaint

1. X complains that their vehicle was hit by an Authority bus and wants the Authority to pay for repairs.

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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. Negligence claims and interpreting the law around civil liability are generally best decided by a court where the Council or Authority does not accept insurance liability. Only a court can decide whether the problem should have been dealt with by the Council or Authority before it caused damage to a person’s property, or if it is liable to pay damages for a person’s loss.

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How I considered this complaint

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

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Final decision

6. We will not investigate X’s complaint because they have an alternative legal remedy through the courts. Only the courts can achieve the outcome they are looking for, so it is reasonable to expect them to use this remedy.  

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Investigator's decision on behalf of the Ombudsman