The Ombudsman's final decision
Summary: We will not investigate this complaint that Council refuse collectors are responsible for damage to the complainant’s car. This is because it is reasonable for the complainant to pursue the matter in court.
The complaint
Miss X complains that Council refuse workers scratched her car while moving bins. Miss X also complains that the Council delayed dealing with her complaint about this matter.
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 and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
I will not investigate Miss X’s complaint that refuse workers are responsible for damage to her car. I cannot decide whether the Council has been negligent and therefore liable for the damage to her car and therefore have no powers to enforce an award of damages for repairs. Only the courts can decide this. For this reason it is reasonable to expect someone in Miss X’s position to seek a remedy in the courts.
Final decision
We will not investigate Miss X’s complaint because it is reasonable to expect her to pursue the matter in court.
Investigator's decision on behalf of the Ombudsman