Swale Borough Council (26 013 960)
Category : Transport and highways > Parking and other penalties
Decision : Closed after initial enquiries
Decision date : 06 Sep 2026
The Ombudsman's final decision:
Summary: We will not investigate this complaint that the Council is responsible for damage to X’s vehicle because it is reasonable for X to take the matter to court.
The complaint
- X complains that Council contractors caused damage to their vehicle by failing to properly secure barriers.
The Ombudsman’s role and powers
- 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 the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Only the courts can decide if a council has been negligent or is liable for any damage to property. It is therefore reasonable for X to go to court and so I will not investigate their complaint.
- It is not a proportionate use of our resources to investigate the Council’s complaint handling when we are not investigating the substantive issues.
Final decision
- We will not investigate this complaint because it is reasonable for X to go to court.
Investigator's decision on behalf of the Ombudsman