The Ombudsman's final decision
Summary: We will not investigate this complaint about a claim for damage as this is a matter for the courts.
The complaint
Mr X complains his vehicle was damaged by a Council refuse vehicle. Mr X seeks compensation for the 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.
I considered the Ombudsman’s Assessment Code.
My assessment
Only the courts can decide if the Council is legally liable for the damage caused to Mr X’s vehicle and whether it should pay compensation to him. There is a relatively simple, low-cost procedure open to anyone to make a money claim in court so Mr X could take his own action directly or through his insurers.
We are not empowered to decide if the Council should pay Mr X compensation.
It is reasonable therefore to expect Mr X to seek a remedy in court and we will not investigate.
Final decision
We will not investigate Mr X’s complaint because it is a matter for the courts.
Investigator's decision on behalf of the Ombudsman