The Ombudsman's final decision
Ms X complains about the Council’s waste and recycling centre failing to provide enough space to safely unload two mattresses. Ms X says the Council is liable for the scratches caused to someone else’s car as the mattresses unfolded to full size after unloading. We will not investigate as the tests set out in our Assessment Code are not met. It is reasonable for Ms X to take her claim to court.
The complaint
In summary, Ms X complains the Council is liable for scratches caused to a third party’s car as she unloaded mattresses at the Council’s waste and recycling centre. Ms X says she is worried about having to pay for damage to a car and she can’t afford it.
The Ombudsman’s role and powers
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 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.
My assessment
We will not investigate. This is because the court is best placed to consider Ms X’s claim that the Council is liable for damage caused to a car.
Only the court can decide if an organisation has been negligent and so should pay damages. We cannot recommend actions or payments that ‘punish’ the organisation.
I cannot decide whether the Council has been negligent and have no powers to enforce an award of damages. This means I would usually expect someone in Ms X’s position to seek a remedy in the courts, directly or through her insurers. I do not consider there is any reason why Ms X cannot do this, so we will not investigate this complaint.
Final decision
We will not investigate Ms X’s complaint as it is reasonable for her to pursue her claim by taking the Council to court.
Investigator’s decision on behalf of the Ombudsman
Investigator's decision on behalf of the Ombudsman