Summary: We will not investigate this complaint about the damage caused to Mr Y’s car by the installation of width restrictors on a road. Any claims for damage are for the courts to decide. The Ombudsman cannot make decisions on questions of liability, so it would be reasonable for Mr Y to pursue his claim in court.

The complaint

1. Mr Y says the Council installed some width restrictors on a road which caused £500 worth of damage to his car.
2. Mr Y also says the Council failed to properly respond to his complaint and the second stage response had factually incorrect information.

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The Ombudsman’s role and powers

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)

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How I considered this complaint

5. I considered information provided by Mr Y and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr Y has said he is not the only motorist to have his vehicle damaged by the new width restrictors.
8. Any claims for damages to vehicles are a matter for the courts. Only they can say if the Council is liable for the damage and if any compensation must be made.
9. In cases where we are unable to investigate the main complaint, we do not separately investigate the Council’s complaint handling process.

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Final decision

10. We will not investigate Mr Y’s complaint because matters of liability are for the courts to decide, so it would be reasonable for Mr Y to submit a claim to the courts.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman