The Ombudsman's final decision
Summary: We will not investigate this complaint about highway maintenance. This is because the courts are better placed to consider the complaint.
The complaint
Mrs Y complained the Council has refused her claim for negligence after her cat was injured when it walked over recently laid tarmac.
Mrs Y says she has been upset by her cat’s injuries and has had to pay for treatment unexpectedly.
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 Mrs Y provided and the Ombudsman’s Assessment Code.
My assessment
In June 2022, Mrs Y’s cat walked over recently laid tarmac. It became injured and had to have treatment. Mrs Y made an insurance claim against the Council, which the Council has denied liability for. This was confirmed in a letter from the Council in August. Mrs Y approach us in September.
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. 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 treatment by a vet, which Mrs Y considers the Council to be responsible for, are matters more appropriately dealt with by the courts. We will not investigate this complaint.
Final decision
We will not investigate Mrs Y’s complaint because the courts are better placed to consider the complaint.
Investigator's decision on behalf of the Ombudsman