The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about the Council’s decision to refuse his claim for damages after his car was hit by a deer. 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 Mr X, complains the Council refused his claim for damages after his car was damaged when it was hit by a deer.
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
Mr X submitted a claim for damages to the Council when his car was damaged after being hit by a deer.
The Council’s insurers considered the claim. It denied liability. It said the Council had not been negligent and it could not be held responsible for the actions of wildlife.
This is not a complaint we will investigate. This is because it 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 the Council was negligent. Only the courts can decide if the Council was negligent and, if so, whether it should award damages to Mr X and at what level.
It is reasonable to expect Mr X to use his right to pursue his claim in the courts. Making a claim is a simple, low cost and accessible process with fees on a sliding scale depending on the level of the claim. Those on a low income can apply for help with the fees.
Final decision
We will not investigate Mr X’s complaint because it is about negligence which is a legal matter for the courts to decide and it is reasonable to expect Mr X to use his right to pursue his claim in court.
Investigator's decision on behalf of the Ombudsman