The Ombudsman's final decision
Summary: We will not investigate this complaint about complaint handling in a highways matter because we cannot achieve the outcome Mr Y is seeking.
The complaint
Mr Y has complained a staff member working on behalf of a Council’s contractor has not apologised for their manner when handling a potential negligence complaint. He is also unhappy about the time taken for his claim to be assessed by the Council’s insurers.
Mr Y says the issues have caused him distress and upset.
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: further investigation would not lead to a different outcome, or we cannot achieve the outcome someone wants, or 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 complained that a staff member working on behalf of the Council, spoke to him in a manner which he felt was negative and protective, when he contacted the Council to discuss damage to his vehicle following highway works. Mr Y says this caused him distress and he feels an apology was owed by the individual specifically.
We, the Ombudsman, do not investigate individuals within bodies in our jurisdiction. We investigate complaints about the Council as a whole. This means we cannot recommend that an individual person or staff member apologise. As Mr Y has told us this is his specific aim in coming to us, an aim which we cannot achieve, it would not be a good use of public resources to investigate. We will not investigate his complaint.
Further, the Council has investigated the matter, and it has apologised. As it has already taken the action it can, while not admitting liability for the damage at this stage, further investigation would not lead to a different outcome.
Mr Y has also said the Council has not yet completed its assessment of his negligence claim. We are not able to decide liability or award damages. Consequently, any claim for damages, such as costs for repairs to his vehicle, which Mr Y considers the Council to be responsible for, are matters more appropriately dealt with by the courts. It is for him to progress the matter to the courts if he is unhappy with the progress or response he has received from the Council’s own insurers. We will not investigate this complaint.
Final decision
We will not investigate Mr Y’s complaint because we cannot achieve the outcome Mr Y is seeking.
Investigator's decision on behalf of the Ombudsman