The Ombudsman's final decision
Summary: We will not investigate Mr B’s complaint that his car was damaged by a road defect which the Council had failed to repair. This is because it is reasonable for Mr B to take the Council to court.
The complaint
Mr B complains his car hit a road defect which the Council had failed to repair. Mr B says the incident caused significant damage to his car and he had to be taken to hospital. Mr B says this distress was made worse by the Council’s mishandling of his claim. Mr B says the Council wrongly referred him to other bodies and has not apologised nor offered him fair compensation.
Mr B would like the Council to issue a formal apology and reimburse the full costs he incurred of over £10,000. Mr B would also like the Council to pay him compensation for the distress and emotional trauma he has suffered because of the incident and the mishandling of his claim.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
The Act 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 Mr B.
I considered the Ombudsman’s Assessment Code.
My assessment
We take the view the courts are in the best position to decide personal injury and property damage complaints. This is because such complaints are ultimately about whether an organisation has been negligent. Only a court can decide if an organisation was negligent, and if so, the sum that should be paid as damages. We cannot recommend actions or payments that ‘punish’ an organisation.
The Council’s contractor accepted liability for the damage to Mr B’s vehicle and offered compensation. Mr B is not satisfied with this offer. Mr B may pursue his claim at court. I find it is reasonable for Mr B, who has had a legal representative acting for him, to do this.
The courts are in the best position to decide this claim, and unlike the Ombudsman, can order the Council to pay damages.
So, we will not investigate this complaint.
Final decision
We will not investigate Mr B’s complaint because it is reasonable for him to take the Council to court.
Investigator's decision on behalf of the Ombudsman