The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint that the Council has refused to reimburse him for costs to repair damage to his vehicle. This is because it is reasonable for him to pursue the matter in court.
The complaint
Mr X complains about the Council’s insurer’s decision to refuse his claim to reimburse him for costs to repair damage to his car which he says was caused by Council workers.
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
We cannot determine liability claims for damage to property. These are legal claims which the courts are better placed to consider. The Ombudsman will therefore not investigate Mr X’s complaint as it is reasonable to expect him to pursue a court remedy instead.
Final decision
We will not investigate Mr X’s complaint because it is reasonable for him to pursue the matter in court.
Investigator's decision on behalf of the Ombudsman