London Borough of Enfield (26 013 501)
Category : Transport and highways > Other
Decision : Closed after initial enquiries
Decision date : 16 Aug 2026
The Ombudsman's final decision:
Summary: We will not investigate this complaint about damage to Miss X’s vehicle. Miss X has an alternative legal remedy to pursue a claim of negligence through the courts. Only the courts can decide whether the Council was negligent, so it is reasonable to expect Miss X to use her legal remedy.
The complaint
- Miss X complains her vehicle was damaged by a Council contractor.
- Miss X says this caused distress.
- Miss X wants the Council to apologise and repay her for the cost of repairing her vehicle.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- 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)
How I considered this complaint
- I considered information provided by Miss X.
- I considered the Ombudsman’s Assessment Code.
My assessment
- We consider our powers on what we could achieve as part of our consideration of whether an alternative remedy exists and whether it is reasonable for a person to use it.
- Negligence claims and interpreting the law around civil liability are generally best decided by a court where the Council does not accept insurance liability. Only a court can decide whether the problem should have been dealt with by the Council before it caused damage to a person’s property, or if it is liable to pay damages for a person’s loss.
- We will not investigate this complaint. We cannot decide liability, nor order the Council to repay Miss X for the cost of repair to her vehicle. Only a court can do this. Therefore, it is reasonable for Miss X to take the matter to court.
Final decision
- We will not investigate Miss X’s complaint because it is reasonable for her to take the matter to court.
Investigator's decision on behalf of the Ombudsman