The Ombudsman's final decision
Summary: We will not investigate this complaint about damage to Mr X’s car as this is a matter for the courts.
The complaint
Mr X complains the Council will not pay for damage caused to his car by a damaged kerb. Mr X is unhappy that when he first reported the damaged kerb, the Council said it was not an issue
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 a court can decide if the Council is legally liable for the damage to Mr X's car and whether it should pay compensation to Mr X. There is a relatively simple, low cost procedure open to anyone to make such a claim in court and it is reasonable to expect Mr X to take such action either directly or through his insurers. We are not empowered to determine such claims. We will not investigate therefore.
Final decision
We will not investigate Mr X’s complaint because it is reasonable to expect him to take court action for the compensation he seeks.
Investigator's decision on behalf of the Ombudsman