The Ombudsman's final decision
Summary: We will not investigate this complaint about highway maintenance. This is because the courts and insurers involved are better placed to consider this complaint.
The complaint
Mr Y complained the Council has provided a poor rationale for refusing his claim for damage to his vehicle.
Mr Y says the problems have caused him upset and he has had to pay £750 to repair his car.
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 Mr Y and the Council provided and the Ombudsman’s Assessment Code.
My assessment
Mr Y says his vehicle was struck by a sign for Council roadworks in January 2022, causing £750 worth of damage to his vehicle. Mr Y made a claim against the Council for the cost of the repairs, but the Council has not accepted liability. It initially said it was not responsible for the roadworks and then said there is no evidence, following an inspection of the area, of the sign Mr Y says hit his car. Mr Y is unhappy about this and approached us in July.
Analysis The legislation from which the Ombudsman takes their power also places some restrictions on what we may investigate. One of these concerns negligence claims about damage to property or personal injury. We cannot determine liability claims for negligence or whether a rationale for rejecting a claim is suitable or not. These are legal claims which may only be determined by insurers or the courts.
We are not able to decide liability or award damages. Consequently, any claim for damages, such as costs for repairs, which Mr Y considers the Council to be responsible for, are matters more appropriately dealt with by the insurers involved or if necessary, the courts. We will not investigate this complaint.
Final decision
We will not investigate Mr Y’s complaint because the courts and insurers involved are better placed to consider this complaint.
Investigator's decision on behalf of the Ombudsman