The Ombudsman's final decision
Summary: We will not investigate this complaint about damage to Miss X’s car by a waste collection vehicle. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. The issue at the heart of the complaint is if the Council was negligent. This is not something we can establish and it is reasonable for Miss X to use the legal remedy available to her.
The complaint
Miss X complained a council waste collection vehicle damaged her car. Miss X says the vehicle was travelling too quickly and in the wrong direction along a one-way street. Miss X is unhappy with the Council’s responses to her complaint.
The Ombudsman’s role and powers
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) The courts have said we can decide not to investigate a complaint about any action by a council concerning a matter which is outside our jurisdiction. (R (on the application of M) v Commissioner for Local Administration [2006] EHWCC 2847 (Admin))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
We will not start an investigation into Miss X’s complaint.
The role of the Ombudsman is to consider complaints about administrative fault. The issue at the heart of Miss X’s complaint is if the Council was negligent. We cannot establish liability in complaints involving negligence and damage to property. These are issues for the Council’s insurers and, ultimately, for the courts.
If the Council’s insurers reject a formal claim from Miss X, it is open to her to make a claim in court. I consider it would be reasonable for her to do so. This is because only the Court can decide if the Council is responsible for the damage to Miss X’s car. The Court can decide the question of negligence and what damages, if any, the Council should pay. These are not decisions the Ombudsman can take.
Miss X is unhappy with the way her complaint has been handled by the Council. But it is not a good use of our resources to investigate complaint handling if we are not going to look at the issue which led to the original complaint. The law also says we cannot investigate any actions by a council which are linked to a matter which is outside our jurisdiction. This applies to Miss X’s complaint.
Final decision
We will not investigate Miss X’s complaint because we cannot establish liability in cases involving damage to property and it is reasonable for Miss X to use the legal remedy available to her.
Investigator's decision on behalf of the Ombudsman