Staffordshire County Council (21 011 204)
Category : Transport and highways > Traffic management
Decision : Closed after initial enquiries
Decision date : 02 Dec 2021
The Ombudsman's final decision:
Summary: We will not investigate this complaint about damage to Mr and Mrs X’s wall due to the Council’s failure to take action. It is reasonable for the complainants to seek a remedy in the courts for a claim of negligence.
The complaint
- Mr and Mrs X complained about the Council’s refusal to accept liability for damage which their wall has suffered due to vehicles driving on the grass verge causing the wall to crack and move. They asked the Council to provide protective bollards as long ago as 2018 and now want the Council to rebuild the wall or pay for it to be rebuilt.
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.
- I considered the Ombudsman’s Assessment Code.
My assessment
- The complainants say they informed the Council in 2018 that their wall was being affected by cars driving over a grass verge area close to their stone wall and that this was causing damage to it. They asked the Council to provide protective bollards in the verge and possible a kerb to deter vehicles from passing over the verge.
- The Council failed to take any action and in May they say the wall began to collapse. They submitted a claim against the Council for negligence and asked for the rebuilding cost of £26,000 to be met by the Council.
- The Council’s insurers rejected the claim. They said that the wall did not look significantly different from photographs submitted with the original claim in 2018 and would not accept liability.
- The Ombudsman cannot determine liability claims for negligence. These are legal claims which may only be determined by insurers or the courts. In this case the Council’s insurers have denied liability for the damage and the complainants would have to consider seeking a legal remedy in the small claims court.
Final decision
- We will not investigate this complaint about damage to Mr and Mrs X’s wall due to the Council’s failure to take action. It is reasonable for the complainants to seek a remedy in the courts for a claim of negligence.
Investigator's decision on behalf of the Ombudsman