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 damaged her car while it repainted lines on the road and has not yet responded to the claim. She says this has caused her inconvenience and her car has been damaged.
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
Mrs Y says she believes the Council damaged her car. She says she returned to her car to find lines painted underneath it and damage to it. She says she witnessed another car on the road being lifted by the Council to enable to road to be painted and believes this is what happened to her car. She complained to the Council about this in August 2022 and was asked to provide further information in September but has not received a response to her claim. She approached us in November.
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, through contact with either Mrs Y’s own car insurer or through a claim on the Council’s insurance or the courts.
Consequently, any claim for damages, such as costs for repairs to Miss Y’s car, which she considers the Council to be responsible for, are matters more appropriately dealt with by the courts. We will not investigate.
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