The Ombudsman's final decision
Summary: We will not investigate Mr C’s complaint that his car was damaged due to the Council’s failure to make safe a section of road after roadworks. This is because it is reasonable for Mr C to pursue his compensation claim at court.
The complaint
The complainant, who I will refer to as Mr C, complains that his car was damaged due to the Council’s failure to make safe a raised traffic island after roadworks. Mr C says the Council has wrongly denied liability for the damage. Mr C would like the Council to pay him compensation for the damage to his car.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
The Act 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 Mr C.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr C’s complaint is that his car was damaged because of Council negligence. Deciding about whether an organisation has been negligent usually involves looking rigorously, and in a structured way at evidence as only the court can to make its findings. In addition, only a court can decide if an organisation has been negligent and so should pay damages. We cannot recommend actions or payments that ‘punish’ the organisation.
I cannot decide whether an organisation has been negligent and have no powers to enforce an award of damages. So, I would usually expect someone in Mr C’s position to seek a remedy in the courts, directly or through his insurers. I do not consider there is any exceptional reason why Mr C cannot do this. So, I will not investigate this complaint.
Final decision
We will not investigate Mr C’s complaint because it is reasonable for him to take the Council to court.
Investigator's decision on behalf of the Ombudsman