Summary: The Ombudsman will not investigate whether damage to a car which hit the ramp at the entrance to a car park was caused by the Council’s negligence. This is a matter for the courts to decide.

The complaint

1. The complainant, who I refer to here as Mr B, has complained because the Council will not accept liability for damage caused to his car. He says the damage was caused by a ramp at the entrance to a Council-run car park.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate. It 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)

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How I considered this complaint

3. I have considered what Mr B said in his complaint.

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What I found

4. Mr B says his car was damaged because of a defect on the design of a ramp at the entrance to a Council-run car park. The Council has denied any liability for the damage.
5. Mr B’s complaint is in effect that the Council has been negligent. Adjudication on questions of negligence usually involves making decisions on contested questions of fact and law which need the more rigorous and structured procedures of civil litigation for their proper determination. In addition, only a court can decide if a council has been negligent and what damages must be paid.
6. We cannot decide whether a council has been negligent and have no powers to enforce an award of damages. For this reason, we would usually expect someone in Mr B’s position to seek a remedy in the courts, directly or through his insurers.

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Final decision

7. I have decided we will not investigate this complaint because it is reasonable to expect Mr B to seek a remedy in court.

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Investigator's decision on behalf of the Ombudsman