The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint the Council has delayed dealing with his claim for damage to his car caused by a road diversion sign. It is reasonable for Mr X to use his legal remedy at court if he believes the Council is responsible for the damage.
The complaint
Mr X complains the Council has failed to reply to his claim for damage to his car nearly 6 months ago. Mr X says the wind blew a road diversion sign onto his car causing scratches. Mr X says the Council told him it was investigating who had erected the sign. He says the Council should accept responsibility, apologise, and pay for the damage which is less than £1000.
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 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 Council.
My assessment
I will not investigate this complaint for the following reasons: The complaint is outside the Ombudsman’s jurisdiction. Mr X has a legal remedy at court if he believes the Council is at fault and responsible for damage to his car (see paragraph 2 and 3 above).
It is reasonable for Mr X to use his legal remedy. The court has the power to decide whether the Council is responsible for the damage and can award damages. The Council tells me it is not liable for the damage. It says it does not own and did not erect the sign. It has established that a private company doing work in the area put up the sign. The Council says it has drawn the claim to the attention of the company.
Final decision
The Ombudsman will not investigate Mr X’s complaint the Council has delayed dealing with his claim for damage to his car caused by a road diversion sign. It is reasonable for Mr X to use his legal remedy at court if he believes the Council is responsible for the damage.
Investigator's decision on behalf of the Ombudsman