The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about damage caused to his car because it lies outside our jurisdiction. This is because this is a complaint about negligence which is a legal matter for the courts to consider and decide.
The complaint
The complainant, whom I shall call Mr X, complains his car was damaged when the Council was mowing some grass and a stone was thrown up, hitting his car.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended) 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
Mr X complains on behalf of his wife Mrs X. Mrs X submitted a claim for damages to the Council after their car was damaged by a stone which was thrown up when the Council was mowing some grass. The damage will cost just under £700 to repair.
The Council’s insurers considered the claim. It has denied liability.
Mr X asked the Council to provide some additional information. The Council said this information was either not disclosable or not relevant and as Mrs X had not provided consent to share information on the matter with Mr X it would not correspond with him further.
Final decision
We will not investigate this complaint. This is because this is a complaint about negligence which is a legal matter for the courts to consider and decide. The Ombudsman cannot decide a negligence claim. Only the courts can decide whether the damage to the car was caused by the Council’s negligence and, if so, whether it should award any damages sought. It is reasonable to expect Mrs X to use her right to make a claim in the courts.
I note Mr X is also dissatisfied with the Council’s response to his request for information. The Information Commissioner’s Office is the appropriate body to consider complaints about freedom of information. Further to this, its decision notices may be appealed to the First Tier Tribunal (Information Rights). So where we receive complaints about freedom of information we normally consider it reasonable to expect the person to refer the matter to the Information Commissioner.
Investigator's decision on behalf of the Ombudsman