The Ombudsman's final decision
Summary: We will not investigate this complaint about damage to Mr Y’s car following highway maintenance. This is because the courts are better placed than us to consider the complaint.
The complaint
Mr Y complained the Council has not reimbursed him for damage to his car following maintenance work on a grass verge. Mr Y says he has been asked to prove it was the Council who is responsible for the damage, despite the Council previously having agreed that it would pay him the costs of the repairs.
Mr Y says this has affected him financially and upset him.
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 Mr Y provided and the Ombudsman’s Assessment Code.
My assessment
In June 2022, while the Council was cutting grass outside Mr Y’s home a stone allegedly flew out of the machine, hitting Mr Y’s car window, causing it to break. Mr Y says the worker accepted responsibility and took pictures to provide to the Council.
Mr Y then contacted the Council and says he was told he would be reimbursed. He then paid for the repair, costing him approximately £350. The Council then told Mr Y he would need to make a claim against the Council’s insurance, and he would need to show it had been the Council who had been responsible for the damage. Mr Y then approached us in October.
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. We cannot determine liability claims for negligence. These are legal claims which may only be determined by insurers or the courts.
Consequently, any claim for damages, such as costs for repairs, which Mr 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 Mr Y’s complaint because the courts are better placed to consider this complaint.
Investigator's decision on behalf of the Ombudsman