The Ombudsman's final decision
Summary: We will not investigate Mrs X’s complaint about damage caused to her child’s bike. 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 Council staff damaged her child’s bike. Mrs X said the matter left her £400 out of pocket and caused her frustration.
Mrs X wants the Council to repay the £400.
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 will not investigate this complaint. This is because Mrs X’s complaint is that the Council is liable for damage caused to her child’s bike. The Ombudsman cannot determine liability and could not achieve the outcome Mrs X seeks. Only a court could do this.
Therefore, we will not investigate this complaint because it is reasonable for Mrs X to take the matter to court.
Final decision
We will not investigate Mrs X’s complaint because it is reasonable for her to take the matter to court.
Investigator's decision on behalf of the Ombudsman