Summary: We will not investigate Mrs X’s complaint about the Council’s decision to refuse her claim for damages after her car was damaged when it hit a concrete block. This is because this is a complaint about negligence which is a legal matter for the courts to consider and decide.

The complaint

1. The complainant, Mrs X, complains the Council has refused her claim for damages after she hit a concrete block.

Back to top

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 effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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)

Back to top

How I considered this complaint

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

Back to top

My assessment

7. Mrs X made a claim for damages to the Council after her car was damaged when it hit a concrete block.
8. The Council has considered the claim. It denied liability and explained its reasons for refusing the claim.
9. We will not investigate Mrs X’s complaint. This is because this is a complaint about negligence which is a legal matter for the courts to consider and decide. We cannot decide a negligence claim. Only the courts can make such a ruling and, if so, decide whether any damages should be awarded and at what level.
10. It is reasonable to expect Mrs X to use her right to make her claim in the courts if she considers the Council to be liable for her losses and wishes to further pursue her claim. Making a claim in the small claims court is a simple, low cost and accessible process with fees set on a sliding scale depending on the level of the monetary claim. Those on a low income can apply for help with the fees.

Back to top

Final decision

11. We will not investigate Mrs X’s complaint because it is about a negligence claim which is a legal matter for the courts to consider and decide.

Back to top

Investigator's decision on behalf of the Ombudsman