The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about damage caused to his car when he had an accident on a flooded road. This is because this is a complaint about negligence which is a legal matter for the courts to consider and decide. The Ombudsman cannot decide a negligence claim.
The complaint
The complainant, whom I shall call Mr X, complains about the Council’s decision to refuse his claim for damages after his car was damaged, and written off, due to an accident on a flooded road.
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 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.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X complained to the Council after his car suffered significant damage in an accident on a flooded road. Mr X submitted a claim to the Council for damages.
The Council considered Mr X’s claim. It denied liability and set out its defence against a negligence claim in its response to Mr X.
Final decision
We will not investigate Mr X’s complaint. This is because this is a complaint about negligence which is a legal matter for the courts to consider and decide. The Ombudsman cannot decide a negligence claim. Only the courts can make a ruling on whether the Council has been negligent in failing to keep the road in a good condition and, if so, whether it should award any damages Mr X seeks and at what level. Mr X considers the Council to be liable for his losses and it is reasonable to expect him to use his right to pursue his claim in the courts.
Investigator's decision on behalf of the Ombudsman