The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council allegedly damaging Mr X’s car when carrying out an MOT test. It is reasonable for him to make a claim against the Council’s insurance and, if no liability is accepted, to the courts which are best placed to determine negligence claims.
The complaint
Mr X complained about the Council damaging his car when he took it to a Council MOT testing station. He says the car developed a coolant fault during the emissions test and that the Council was responsible for the damage. He wants it to re-imburse him for the £475 costs he had to pay for repairs.
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 and the Council’s response.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X says his car suffered a cooling system fault during its MOT test at a Council centre. He believes the cause was the revving of the vehicle for the emissions test as there was no warning light showing before the test. The emissions test requires a vehicle to be submitted to high revolutions under load to check the emissions control system is working correctly.
The Council denies liability for the failure and says that it was subjected to the same testing conditions as any other MOT test. If the component failed it was simply due to wear on the vehicle. Mr X believes the Council should have carried out an independent check by a third-party technician to validate its defence.
The legislation from which we take our powers also places some restrictions on what we may investigate. One of these concerns negligence claims about damage to property or personal injury. The Ombudsman cannot determine liability claims for negligence.
These are legal claims which may only be determined by insurers or the courts. It is normal procedure for persons suffering damages or personal injury caused by a council or its contractors to submit an insurance claim against the Council. This will then be treated as a claim, rather than a complaint and passed on to its insurers or legal team for a response on liability.
If no liability is accepted negligence claims, and interpreting the law around legal torts are generally best decided by a court. Only a court can decide whether the problem should have been dealt with by the council before it caused any harm or if the council is liable to pay “damages” for the loss or injury someone has suffered. It is likely that Mr X would have to arrange a for third-party inspection to support his claim.
Final decision
We will not investigate this complaint about the Council allegedly damaging Mr X’s car when carrying out an MOT test. It is reasonable for him to make a claim against the Council’s insurance and, if no liability is accepted, to the courts which are best placed to determine negligence claims.
Investigator's decision on behalf of the Ombudsman