The Ombudsman's final decision
Summary: We will not investigate Mr B’s complaint that his car got a puncture because the Council failed to look after a waste and recycling site. This is because the courts are in the best position to decide property damage claims and Mr B has not suffered a serious injustice which would justify our involvement.
The complaint
Mr B says his car got a puncture because the Council did not remove a screw from the parking area at a waste and recycling centre. Mr B would like the Council to reimburse his £26 repair costs.
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 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 an investigation if we decide: any injustice is not significant enough to justify our involvement, or there is another body better placed to consider this complaint.
(Local Government Act 1974, section 24A(6), as amended, section 34(B)) We will normally only investigate a complaint where the complainant has suffered serious loss, harm, or distress as a direct result of faults or failures. We will not normally investigate a complaint where the alleged loss or injustice is not a serious or significant matter.
How I considered this complaint
I considered information provided by Mr B.
I considered the Ombudsman’s Assessment Code.
My assessment
We will not investigate this complaint.
The role of the Ombudsman is to consider complaints of administrative fault.
Property damage claims, which are about whether an organisation has been negligent, are best decided by an organisation’s insurers and if needed, the courts.
Also, Mr B’s repair costs were modest. So, Mr B has not suffered a serious or significant injustice which would justify public money being spent on an investigation or the pursuit of a financial remedy by the Ombudsman.
Final decision
For the above reasons we will not investigate this complaint.
Investigator's decision on behalf of the Ombudsman