The Ombudsman's final decision
Summary: We will not investigate Mr C’s complaint that his property was damaged during Council highway works. This is because it is reasonable for Mr C to pursue his compensation claim by taking the Council to court.
The complaint
Mr C complains the Council wrongly refused his compensation claim after his front gate was damaged by Council workers who were doing works to the pavement. Mr C would like the Council to pay his repair costs of £240.
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 C.
I considered the Ombudsman’s Assessment Code.
My assessment
We do not normally investigate complaints about property damage. This is because in effect such complaints are that an organisation has been negligent.
Our role is to consider complaints of administrative fault. Negligence claims are best decided by an organisation’s insurers, and if needed, the courts. Only the courts can decide if an organisation was negligent, and if so, make an order for damages. We cannot recommend actions or payments that ‘punish’ an organisation.
Mr C has received the Council’s decision on his compensation claim. Mr C may now pursue his claim by taking the Council to court.
I find it is reasonable for Mr C to do this. The initial fee for making a claim is relatively modest.
So, we will not investigate this complaint.
Final decision
We will not investigate Mr C’s complaint because it is reasonable for him to take the Council to court.
Investigator's decision on behalf of the Ombudsman