The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about the Council’s decision to refuse his claim for damages after his car was damaged when it hit a defect on the road. 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, Mr X, complains about the Council’s consideration of, and decision to refuse, his claim for damages after his car hit a defect on the road.
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 do not start an investigation if we decide 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 submitted a claim for damages to the Council after his car was damaged when it hit a defect on the road.
The Council has considered Mr X’s claim. It has denied liability. It advised Mr X that if he remains dissatisfied then the route for him to pursue the claim further is via the courts.
Mr X says the Council has failed to properly review his claim.
We will not investigate Mr X’s complaint. This is because this is a complaint about negligence which is a legal matter for the courts to consider and decide. We cannot decide a negligence claim. Only the courts can decide if an organisation has been negligent and if so whether it should award any damages and at what level. We cannot make such a ruling.
It is reasonable to expect Mr X to use his right to make his claim in the courts if he considers the Council to be liable for his losses, is unhappy with its consideration of his claim to date, and wants to pursue his claim further. Making a claim in the small claims court is a simple, low cost and accessible process with fees set on a sliding scale depending on the level of the monetary claim. Those on a low income can apply for help with the fees.
Final decision
We will not investigate Mr X’s complaint because it is about negligence which is a legal matter for the courts to consider and decide.
Investigator's decision on behalf of the Ombudsman