The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about the Council’s refusal to compensate him for damage to his vehicle. If Mr X believes the Council is liable for the damage it would be reasonable for him to make a claim against it at court.
The complaint
The complainant, Mr X, complains the Council has refused to accept liability for damage to his vehicle caused by a council worker cutting the grass next to the public highway. He wants the Council to admit liability and pay for the damage to his vehicle.
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 Mr X and the Ombudsman’s Assessment Code.
My assessment
It is not our role to decide disputes over liability for property damage. These are matters for the courts. If therefore Mr X believes the Council is liable for the damage to his vehicle, and if he wishes to obtain compensation for the damage, it would be reasonable for him to take the matter to court.
The courts are better placed to decide if the Council is liable and to determine the level of any damages Mr X may be entitled to. Their decisions are also binding on both parties.
The Council has advised Mr X of his right to seek legal advice and to make a claim and I have seen nothing to suggest it would not be reasonable for him to do so.
Final decision
We will not investigate this complaint. This is because it would be reasonable for Mr X to make a claim against the Council at court.
Investigator's decision on behalf of the Ombudsman