The Ombudsman's final decision
Summary: We will not investigate this complaint about damage caused to Mrs X’s driveway. The courts are best placed to consider claims for compensation, and the Information Commissioner is best placed to consider the Council’s response to Mrs X’s request for footage of the incident.
The complaint
Mrs X complained the Council’s refuse collectors spilt oil on her drive and the Council refused to provide her with the footage to show what happened, citing cost as preventative. She says the Council has not progressed her compensation claim. She wants the Council to pay for the cost of remedying the damage to her driveway.
The Ombudsman’s role and powers
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) The Information Commissioner's Office considers complaints about freedom of information. Its decision notices may be appealed to the First Tier Tribunal (Information Rights). So where we receive complaints about freedom of information, we normally consider it reasonable to expect the person to refer the matter to the Information Commissioner.
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Mrs X says the Council’s refuse collectors spilt oil on her driveway from an oil container she had placed out for collection. She says the Council has refused to share its footage of the incident with her, to evidence when the oil was spilt. She says she has not been able to progress a claim with the Council’s insurers.
When people complain to us about damage to property, we will normally signpost them to the courts. The small claims court is best placed to deal with claims for compensation to remedy damage to property. The process is relatively straightforward and has a sliding scale of fees relative to the amount claimed, with options to waive fees for those on a low income. It is not necessary to hire a solicitor for making a claim through the small claims process.
The Information Commissioner’s Office (ICO) is the organisation that deals with complaints about how organisations respond to information requests. The ICO is best placed to deal with Mrs X’s concern about the Council’s refusal to share the footage of the incident with her.
There is not a good reason for us to consider Mrs X’s complaint about the matter, in the absence of a wider complaint within our remit.
Final decision
We will not investigate Mrs X’s complaint because the courts and the Information Commissioner are best placed to deal with the matter.
Investigator's decision on behalf of the Ombudsman