The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about how the Council handled his claim after his car was allegedly damaged by a dropped curb. This is because it is reasonable to expect Mr X to approach the courts, who are better placed to consider the issue.
The complaint
Mr X complained: A dropped curb caused damage to his vehicle.
The Council denied liability for the damage and its insurers failed to respond to him.
The highways official was not friendly and spoke down to his partner.
Mr X said this caused significant stress and worry. Mr X wanted the Council to pay for the repair of the car and conduct a full review of current dropped curbs in the area.
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)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X complained a dropped curb caused damage to his vehicle and the Council denied liability for the damage. This is really a negligence claim and which the courts are best placed to handle. It is not the Ombudsman’s role to assess economic losses and award compensation.
It is reasonable for Mr X to take the matter to court. The small claims court is a relatively straightforward process, with a sliding scale of fees relative to the amount claimed. It is not necessary to hire a solicitor for a small court claim, and Mr X can ask the court to order the Council to pay his costs if his claim is successful. The court's decisions are binding.
Mr X also complained the highways official was not friendly and spoke down to his partner. It is not proportionate to consider this matter in isolation when the substantive matter is one, we will not investigate.
Final decision
We will not investigate Mr X’s complaint because it is reasonable for him to take the matter to court, and it is not proportionate to investigate the peripheral matter.
Investigator's decision on behalf of the Ombudsman