The Ombudsman's final decision
Summary: We will not investigate Mrs B’s complaint that she was involved in a road traffic collision because the Council did not carry out highway works safely. This is because it is reasonable for Mrs B to pursue her compensation claim with the Council’s insurers, and if needed, take the Council to court.
The complaint
The complainant, who I will refer to as Mrs B, complains that she was involved in a road traffic incident with a Council contractor’s vehicle. Mrs B says this incident could have been prevented if the Council had put in place health and safety measures for working on the highway. Mrs B complains the Council has failed to acknowledge the CCTV footage of the incident she has provided.
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 Act 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 Mrs B.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council has responded to Mrs B’s complaint and said it was satisfied with the health and safety measures in place at the time of the incident. Mrs B is not satisfied with the Council’s response and says the Council has not acknowledged the CCTV footage she has provided.
Mrs B has put in an insurance claim for the damage to her vehicle. This is the appropriate route for Mrs B to pursue this matter. This is because in effect Mrs B complains that her car was damaged because of Council negligence. If the Council’s insurer does not accept liability for the damage to Mrs B’s car, Mrs B may pursue her compensation claim at court.
Deciding whether an organisation has been negligent usually involves looking rigorously, and in a structured way at evidence as only the court can to make its findings.
In addition, only a court can decide if an organisation has been negligent and so should pay damages. We cannot recommend actions or payments that ‘punish’ the organisation.
I cannot decide whether the Council has been negligent and have no powers to enforce an award of damages. So, I would usually expect someone in Mrs B’s position to seek a remedy in the courts, directly or through her insurers. I do not consider there is any exceptional reason why Mrs B cannot do this. So, we will not investigate this complaint.
Final decision
We will not investigate Mrs B’s complaint because it is reasonable for her to pursue her compensation claim by taking the Council to court.
Investigator's decision on behalf of the Ombudsman