The Ombudsman's final decision
Summary: We will not investigate this complaint about damage to the complainant’s taxi during an inspection.
This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. It is reasonable for the complainant to pursue the matter in court if he believes the Council is liable for the damage.
The complaint
The complainant, whom I shall refer to as Mr X, complained the Council damaged his taxi during an inspection. The Council has refused to pay for the damage and says Mr X needs to make an insurance claim.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended) 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 Ombudsman’s Assessment Code.
My assessment
The role of the Ombudsman is to consider complaints about administrative fault. We cannot establish liability in complaints involving damage to property. Claims for damage to property are a matter for insurers and, ultimately, for the courts.
If the Council rejects a formal claim for damages, then Mr X can take the matter to court. I consider it would be reasonable for him to do so. This is because the Court could then decide if the Council has been negligent and is liable for the damage. The Court could decide what damages, if any, the Council should pay. The Ombudsman has no powers to make such decisions. It is therefore reasonable for Mr X to pursue the matter in court as it can give him the outcome he wants. The Ombudsman cannot.
Final decision
We will not investigate Mr X’s complaint. This is because it is reasonable for Mr X to use the legal remedy available to him.
Investigator's decision on behalf of the Ombudsman