The Ombudsman's final decision
Summary: We will not investigate Mrs X’s complaint that the Council failed to remove food waste from her street, causing a build up of vermin who subsequently damaged her car. This is because it is reasonable for Mrs X to take the matter to court to achieve the outcome she seeks.
The complaint
Mrs X complained the Council failed to remove food waste left on her estate which caused a buildup of vermin. Mrs X said the vermin damaged her car.
Mrs X said the matter caused her distress and frustration.
The Ombudsman’s role and powers
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
Mrs X submitted a claim for damages to the Council’s insurers. The insurers rejected the claim.
We will not investigate this complaint. The role of the Ombudsman is to consider complaints of administrative fault. We cannot decide liability in complaints about damage to property, only the courts can do this. As Mrs X’s insurance claim was rejected, it is reasonable to expect Mrs X to take the matter to court as it is the only way to achieve the outcome she seeks.
Final decision
We will not investigate Mrs X’s complaint because it is reasonable to expect her to take the matter to court.
Investigator's decision on behalf of the Ombudsman