The Ombudsman's final decision
Summary: We will not investigate Ms X’s claim for damages to her car. This is because it does not meet the tests in our Assessment Code on how we decide which complaints to investigate. It is reasonable to expect Ms X to take her claim to court.
The complaint
In summary, Ms X holds the Council liable for damage caused to her car when she drove over a bridleway maintained by the Council. Ms X would like the Council to reimburse car repairs costs,taxi fare plus compensation for her distress. She would also like an apology.
The Ombudsman’s role and powers
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 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
We will not investigate because the matter of liability for damages is usually decided in the courts. It is reasonable for Ms X to take the matter to the small claims court. The court is best placed to decide if the Council is liable for the damage and if Ms X is entitled to claim the costs requested.
Investigator's decision on behalf of the Ombudsman