The Ombudsman's final decision
Summary: We will not investigate Mrs B’s complaint that her car was damaged after driving on a newly re-surfaced road. This is because it is reasonable for Mrs B to pursue her compensation claim by taking the Council to court.
The complaint
Mrs B complains her car was damaged because of the Council’s failure to manage road re-surfacing works safely. Mrs B says the Council has wrongly refused her compensation claim for her repair costs.
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 Mrs 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.
The Council has considered Mrs B’s compensation claim but has not accepted responsibility for the damage to her car. Mrs B may now pursue her claim by taking the Council to court.
I find it is reasonable for Mrs B to do this. Only the courts can decide if an organisation has been negligent and if so, make an order for damages.
The initial fee for making a claim is relatively modest and help with fees is available for people on a low income.
So, we will not investigate this complaint.
Final decision
We will not investigate Mrs B’s complaint because it is reasonable for her to take the Council to court.
Investigator's decision on behalf of the Ombudsman