The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about the outcome of his claim for damages after his plants were damaged by Council contractors. This is because it is a complaint about a negligence claim which is a legal matter for the courts to consider and decide.
The complaint
Mr X complains the Council’s contractors sprayed herbicide which killed plants in his garden. He says the contractor initially admitted liability but then said it was only offering a good will payment. When he suggested the level of compensation due it said it would not correspond further on the matter.
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 and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X complains about the Council contractor’s response to his claim for damages after his plants were killed.
We will not investigate this complaint. This is because it is about a negligence claim which is a legal matter for the courts to consider and decide. We cannot decide a negligence claim. This involves looking rigorously, and in a structured way at evidence, as only the courts can, to make its findings. We also have no powers to recommend or enforce any award of damages. We also cannot recommend actions or payments that ‘punish’ the Council.
We would expect someone in Mr X’s position to seek a remedy in the courts either directly or via his insurers if he is unhappy with the outcome of his claim and wishes to pursue it further. We cannot decide his negligence claim. Making a claim in the courts is a simple, low cost and accessible process with fees set on a sliding scale depending on the level of the financial claim.
Final decision
We will not investigate Mr X’s complaint because it is about negligence which is a legal matter for the courts to consider and decide. If Mr X wishes to pursue his claim further it is reasonable to expect him to use his right to make his claim in the courts.
Investigator's decision on behalf of the Ombudsman