The Ombudsman's final decision
Summary: We will not investigate Mr B’s complaint that his car was damaged because of the Council’s decision to locate a cycle hire area in the wrong location. This is because it is reasonable for Mr B to put in a compensation claim to the Council, and if needed, pursue the claim at court.
The complaint
Mr B complains his car has been damaged because of the Council’s decision to locate a cycle hire area in an inappropriate location. Mr B says bikes left in this area recently toppled over and caused extensive damage to his car. Mr B would like the Council to pay for the required repairs to his car.
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 Mr B.
I considered the Ombudsman’s Assessment Code.
My assessment
Our role is to consider complaints of administrative fault. We do not normally investigate complaints about damage to property. This is because in effect such complaints are that an organisation has been negligent. Negligence claims are best decided by an organisation’s insurers, and if needed, the courts.
Mr B may put in a compensation claim to the Council’s insurers for the damage to his vehicle. If Mr B is not satisfied with the outcome of his claim, he may pursue his claim at court. I find it is reasonable for Mr B to do this. Only the courts can decide if an organisation has been negligent and make an order for damages.
So, we will not investigate this complaint.
Final decision
We will not investigate Mr B’s complaint because it is reasonable for him to take the Council to court.
Investigator's decision on behalf of the Ombudsman