The Ombudsman's final decision
Summary: Mr X says the Council was negligent by leaving rat poison in a public area causing poisoning and death to his dog. We will not investigate this claim for compensation to cover vets fees and trauma. This is because it is reasonable to expect Mr X to take his claim for damages to court.
The complaint
Mr X would like to be compensated for vets’ fees and trauma caused to his family when his dog died. He says the dog died after eating poison negligently laid by the Council.
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 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
We will not investigate. It is reasonable to expect Mr X to progress his claim for financial loss via the Council’s insurance and then via court to determine any council liability. There is a simple procedure in the county court for dealing with small claims.
Final decision
We will not investigate Mr X’s complaint because he can take his claim to court.
Investigator's decision on behalf of the Ombudsman