The Ombudsman's final decision
Summary: We will not investigate Miss B’s complaint that a Council refuse collector damaged part of her property. This is because it is reasonable for Miss B or the owner of her property to take the Council to court.
The complaint
Miss B complains a Council refuse collector caused significant damage to her front wall and gate. Miss B says the Council has wrongly not accepted responsibility for the damage despite video footage showing the collector used excessive force. Miss B would like the Council to: accept responsibility; repair the front wall and gate; and, pay her compensation for her distress, inconvenience and wasted time.
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 Act 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 Miss B.
I considered the Ombudsman’s Assessment Code.
My assessment
We do not normally investigate complaints about property damage. This is because in effect such complaints are that an organisation has been negligent. Our role is to consider complaints of administrative fault. Negligence claims are best decided by an organisation’s insurers, and if needed, the courts. Only the courts can decide whether an organisation has been negligent and should pay damages.
I find it is reasonable for Miss B or the owner of the property to pursue this matter at court if needed.
So, we will not investigate this complaint.
Final decision
We will not investigate Miss B’s complaint because it is reasonable for Miss B or the owner of her property to take the Council to court.
Investigator's decision on behalf of the Ombudsman