The Ombudsman's final decision
Summary: We will not investigate Ms X’s complaint about damage caused to her home by the Council’s waste collection service. This is because it is reasonable to expect her to take the matter to court.
The complaint
Ms X complained the Council’s waste collection service caused damage to her wall. Ms X says the matter caused her frustration.
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 Act 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
We will not investigate this complaint. This is because Ms X’s complaint is that the Council has been negligent, causing damage to her home. Deciding about whether an organisation has been negligent usually involves looking rigorously, and in a structured way, at evidence as only a court can to make findings. In addition, only a court can decide if an organisation has been negligent and so should pay damages. We cannot recommend actions or payments that ‘punish’ the Council.
Because the Ombudsman cannot decide whether the Council has been negligent and has no powers to enforce an award of damages, we expect someone in Ms X’s position to seek a remedy through the Council’s insurers and, subsequently, in the courts. The Council’s insurers agreed to pay for one set of damages but refused to reimburse a different claim. It is therefore open to Ms X to pursue the matter through the courts. I do not consider there is any exceptional reasons why Ms X cannot do this and so we will not investigate this complaint.
Final decision
We will not investigate Ms X’s complaint because it is reasonable for her to take the matter to court.
Investigator's decision on behalf of the Ombudsman