The Ombudsman's final decision
Summary: We will not investigate this complaint about a highway maintenance insurance claim because the courts are better placed to consider the matter.
The complaint
Mr Y complained that the Council has taken more than two years to payout for an insurance claim. Mr Y says this has caused him upset, frustration and worry and he needs the money in order to move house away from the issue.
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 or continue an investigation if we decide there is another body better placed to consider this complaint.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information Mr Y provided and the Ombudsman’s Assessment Code.
My assessment
Mr Y has begun a negligence claim against the Council. The legislation from which the Ombudsman takes their power also places some restrictions on what we may investigate. One of these concerns negligence claims about damage to property. We cannot determine liability claims for negligence or become involved in the non-payment or payment of claims. These are legal issues which may only be determined by insurers or the courts.
Consequently, any claim for damages, which Mr Y considers the Council to be responsible for, are matters more appropriately dealt with by the courts. This includes where there is a delay in the claim being paid out. Mr Y may need to seek legal advice on how he can progress the matter through the courts if he is dissatisfied with the lack of payment. We cannot order that compensation such as this be paid as this is not within our power to do. AS the courts can do this, the courts are better placed to consider the complaint. We will not investigate this complaint.
Final decision
We will not investigate Mr Y’s complaint because the courts are better placed to consider the matter.
Investigator's decision on behalf of the Ombudsman