The Ombudsman's final decision
Summary: We will not investigate Mrs X’s complaint about the Council’s decision to refuse her claim for damages after her car was damaged. This is because this is a complaint about negligence which is a legal matter for the courts to consider and decide.
The complaint
The complainant, whom I shall call Mrs X, complains about the Council’s decision to refuse her claim for damages after her car was damaged following the Council’s handling of a local rat infestation.
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 do not start an investigation if we decide 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
Mrs X submitted a claim for damages to the Council after her car was damaged.
The Council has considered Mrs X’s claim. It has denied liability.
We will not investigate Mrs X’s complaint. This is because this is a complaint about negligence which is a legal matter for the courts to consider and decide. We cannot decide a negligence claim or make a ruling on whether Mrs X’s losses have been caused by the Council’s negligence, nor can we award damages. It is a matter only the courts can decide.
If Mrs X considers the Council is liable for her losses then it is reasonable to expect her to use her right to pursue her claim in the courts. Making a claim in the small claims court is a simple, low cost and accessible process with fees on a sliding scale depending on the level of the monetary claim. Those on a low income can apply for help with the fees.
Final decision
We will not investigate Mrs X’s complaint because it is about negligence which is a legal matter for the courts to consider and decide,
Investigator's decision on behalf of the Ombudsman