The Ombudsman's final decision
Summary: We will not investigate this complaint about damage Mrs X says the Council caused to her vehicle. The matter is best dealt with as an insurance claim, ultimately through the courts if necessary.
The complaint
Mrs X complained about damage caused to her vehicle when the Council moved her car. She says it carried out roadworks without sufficient notice for her to move her car herself. She said the Council had not been responding to her contact and had offered an insufficient settlement. She said the matter had caused distress and she had been unable to use her vehicle. She wanted the Council to fix the car or pay her the full amount necessary (£2,500-£3,000) to have it fixed.
The Ombudsman’s role and powers
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
Mrs X’s complaint to us is about damage she says the Council’s contractor caused to her vehicle when moving it to commence roadworks.
It is not the role of the Ombudsman to assess economic losses. When a person’s primary aim is compensation for damage, we will normally signpost them to the courts as the appropriate route to obtain a remedy.
There is not a good reason in this case for us to consider the matter instead. While we normally expect Councils and their insurers to respond properly to communication and expedite matters through their processes efficiently, we will not generally investigate a complaint about this when the matter is ultimately one for the courts.
Given that Mrs X says the Council and its insurers have not responded to her attempts to resolve the matter and have not provided a suitable settlement, it is open to Mrs X to lodge the matter with the courts with the assistance of her insurance company. We will not investigate the matter instead as the courts are best placed to deal with the matter.
Final decision
We will not investigate Miss X’s complaint because it is a matter for the insurance process, and ultimately court if necessary.
Investigator's decision on behalf of the Ombudsman