The Ombudsman's final decision
Summary: We will not investigate this complaint that poorly secured, communal refuse bins have caused damage to vehicles. It is reasonable to expect the complainant to pursue a court remedy.
The complaint
Ms X complains that poorly secured, communal refuse bins, located in a car park by her house, keep moving and cause damage to vehicles.
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 Ms X and the Council, which includes its responses to the complaint.
I also considered the Ombudsman’s Assessment Code.
My assessment
Deciding whether an organisation has been negligent, or is liable for damage to property, usually involves looking rigorously and in a structured way at evidence as only the court can to make its findings. Furthermore, unlike the Ombudsman, the courts can order an organisation to pay damages.
We would therefore usually expect someone in Ms X’s position to seek a remedy in the courts, either directly or through her insurers. I see no exceptional reason why Ms X should not be expected to do this so, with reference to paragraph 3 above, we will not investigate this complaint.
Final decision
We will not investigate Ms X’s complaint because it is reasonable to expect her to pursue a court remedy if she thinks the Council is liable for damage to her car.
Investigator's decision on behalf of the Ombudsman