The Ombudsman's final decision
Summary: We will not investigate Miss X’s complaint about damage to her property caused by the Council’s waste collection contractors. This is because it is reasonable for Miss X to submit a claim to the relevant insurers, and ultimately take the matter to court.
The complaint
Miss X complains the Council’s waste collection service caused damage to her wall. Miss X said the matter caused her frustration.
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
Miss X complained her wall was damaged by the Council’s waste collection service. Miss X said the damage was caused because the waste collection service failed to use the appropriate locking mechanisms, leading to damage to her wall which ultimately collapsed. Miss X’s complaint is therefore that the Council has been negligent.
We will not investigate this complaint. The role of the Ombudsman is to consider complaints of administrative fault. We cannot decide liability in complaints about damage to property, only the courts can do this. Miss X could submit a claim to the relevant insurers. If the claim is rejected, Miss X could take the matter to court, and it is reasonable to expect Miss X to do so.
Final decision
We will not investigate Miss X’s complaint because it is reasonable for her to take the matters complained about to court.
Investigator's decision on behalf of the Ombudsman