The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about damages to his property caused by the Council’s recycling collection vehicle, and the Council’s handling of his complaint. It is reasonable to expect Mr X to pursue the matter through the Council’s insurer and court.
The complaint
Mr X complains the Council’s recycling collection vehicle has caused damage to his property on multiple occasions. He is also unhappy with the Council’s handling of his complaint.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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 could not add to any previous investigation by the organisation, or there is another body better placed to consider this complaint, or it would be reasonable for the person to ask for a council review or appeal. (Local Government Act 1974, section 24A(6), as amended, section 34(B) 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 Mr X’s complaint about damage to his property. This is a liability issue and it is reasonable for him to pursue a claim through the Council’s insurers and the courts if he holds the Council responsible for the damage. These bodies are better suited to decide on matters related to liability.
In its complaint responses, the Council said it was sorry for its driver and crew’s behaviours. It also said it has taken appropriate action to ensure this does not happen again. I appreciate Mr X remains unhappy, but I am satisfied the Council has investigated and taken appropriate action to address Mr X’s concern. Further investigation would not add to the Council’s previous investigation and response.
It would not be a good use of public money to investigate the Council’s communication and complaint handling in isolation.
Final decision
We will not investigate Mr X’s complaint because it is reasonable for him to pursue the matter through the Council’s insurers and court.
Investigator's decision on behalf of the Ombudsman