The Ombudsman's final decision
Summary: We will not investigate this complaint about a road traffic accident because another body is better placed to consider the complaint.
The complaint
Mr Y complained that he was involved in an accident with a Council vehicle, where the driver insulted and threatened him and drove off without exchanging details. He is also unhappy with how the Council dealt with his complaint about the driver, which he says was insufficient.
Mr Y says he has experience anger and nervousness and feels worried by the Council’s complaint handling.
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 impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B)) It is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue.
How I considered this complaint
I considered information Mr Y provided and the Ombudsman’s Assessment Code.
My assessment
Mr Y says he has reported the matter to the police and to his own insurers. He says the Council’s response to his complaint left him without reassurance and is concerned the driver, if he saw them again, may threaten him further.
The legislation from which the Ombudsman takes their power also places some restrictions on what we may investigate. One of these concerns negligence claims about damage to property or personal injury. These are legal claims which may only be determined by insurers or the courts.
We are not able to decide liability or award damages. Consequently, any claim for damages, such as costs for repairs which may be needed, which Mr Y considers the Council to be responsible for, are matters more appropriately dealt with by the courts and insurers as Mr Y has begun to pursue.
With regard to the driver leaving the scene of the accident, this would be a matter more appropriately dealt with by the police, who have already been informed by Mr Y. We will not investigate this complaint.
As we are not investigating the substantive part of this complaint, we will not investigate how the Council dealt with the complaint.
Final decision
We will not investigate Mr Y’s complaint because there is another body better placed to consider this complaint.
Investigator's decision on behalf of the Ombudsman