The Ombudsman's final decision
Summary: We will not investigate this complaint about highway repairs. This is because Miss Y’s insurer or the court is better placed to deal with her complaint.
The complaint
Miss Y says during Council highway maintenance works a lorry blocked visibility for her driveway. Miss Y says she nearly crashed her car and had to have it repaired. Miss Y complains the Council has refused to pay for the cost of the repairs, causing her financial difficulty and upset.
The Ombudsman’s role and powers
The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information Miss Y provided and the Ombudsman’s Assessment Code.
My assessment
The legislation from which the Ombudsman takes their power also places some restrictions on what we may investigate. One of these concerns claims about damage to property, such as Miss Y’s car, or personal injury. We cannot who is liable for such claims. These are legal claims which may only be determined by insurers or the courts.
Miss Y’s injustice largely relates to the cost of repairs to her vehicle following damage to her car. Consequently, any claim for damages, such as costs for repairs, which Mrs Y considers the Council to be responsible for, are matters more appropriately dealt with her car insurer.
The insurer will be able to contact the Council’s own insurer about the claim if appropriate to do so. If there is a dispute over liability this can be decided by the courts. It is therefore reasonable for Miss Y to pursue her claim through either the insurer or the courts and we will not investigate her complaint.
Final decision
We will not investigate Miss Y’s complaint because Miss Y’s insurer or the court is better placed to deal with her complaint.
Investigator's decision on behalf of the Ombudsman