The Ombudsman's final decision
Summary: We will not investigate this complaint about highway maintenance because the courts and insurers are better placed to deal with the complaint and we cannot achieve the outcome someone wants.
The complaint
Mr Y complained that the Council’s vehicle leaked oil onto his road, which then caused damage to his newly laid tarmac driveway. He is also unhappy with how the Council has dealt with his complaint, as he has been unable to obtain a response to his claim.
Mr y says his driveway is damaged and he feels frustrated.
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 we cannot achieve the outcome someone wants, or there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended) 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 has told us he is seeking repairs to his driveway due to the damage he says was caused by the spilt oil.
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. We cannot determine liability claims for negligence. 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 Mr Y considers the Council to be responsible for, are matters more appropriately dealt with by the courts. As we cannot award damages, we are not able to achieve the outcome Mr Y is seeking. It is therefore reasonable for Mr Y to pursue his claim through either his home insurer or the courts. We will not investigate this complaint.
As we are not able to deal with the substantive matter, it is not a good use of public funds to investigate how the Council has responded to Mr Y’s complaint. We will not investigate.
Final decision
We will not investigate Mr Y’s complaint because the courts and insurers are better placed to deal with the complaint and we cannot achieve the outcome someone wants.
Investigator's decision on behalf of the Ombudsman