The Ombudsman's final decision
Summary: We will not investigate this complaint that the Council has failed to respond appropriately to an incident in which the complainant’s son’s wheelchair suffered damage. This is because the complaint concerns liability for damage to property. The complainant may pursue the matter in court and it would be reasonable for her to do so.
The complaint
The complainant, Miss X, complains that the Council has failed to respond appropriately to an incident in which her son’s wheelchair suffered damage.
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
Miss X says her son’s wheelchair was damaged by the driver of a taxi operated by a Council contractor. She says the Council has failed to provide her with a copy of its policy for dealing with such incidents and has unreasonably denied liability. She says it has failed in its responsibility to provide safe transport for her son.
Miss X says she wants the Council to provide her with the relevant policy document, to reimburse her for the cost of the damage to the wheelchair and to set out the action taken against the driver she says caused the damage. The correspondence shows that the Council does not accept liability for the damage. Rather, it says the matter is between Miss X and the transport provider. Miss X does not accept the Council’s position.
We will not investigate Miss X’s complaint. This is because it turns on whether the Council is liable for the damage to her son’s wheelchair, and that is not something on which we can express a view. The Ombudsman cannot determine liability for damage to property. Only a court can do so.
If Miss X believes the Council is responsible for the financial or other losses she has suffered, it is open to her to make a claim against it. If it denies liability, it would be reasonable for her to pursue the matter in court. That is the appropriate recourse and there is no role for the Ombudsman.
Final decision
We will not investigate Miss X’s complaint because she may pursue the matter in court and it would be reasonable for her to do so.
Investigator's decision on behalf of the Ombudsman