London Borough of Havering (23 017 905)
Category : Transport and highways > Highway repair and maintenance
Decision : Closed after initial enquiries
Decision date : 04 Mar 2024
The Ombudsman's final decision:
Summary: We will not investigate this complaint about damage caused to Miss X’s driveway. It is reasonable for Miss X to use her right to issue a claim in the small claims court, should the Council’s insurers not accept responsibility.
The complaint
- Miss X complained the Council’s contractor caused damage to her driveway. She says the matter has caused her significant distress. She wants the Council to fix her driveway and pay compensation.
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
- Where people complain to us about damage to property, we will normally signpost them to the courts. This is because such complaints are really negligence claims, which the courts are best placed to deal with.
- The Council declined to consider a complaint from Miss X. However, it is open to Miss X to discuss the matter with the Council’s insurers, which may be separate to the complaints process. The Council’s complaints team should signpost Miss X to the correct process. If necessary, Miss X may then issue proceedings in the small claims court to recoup the costs of repairing her driveway.
- There is not a good reason for us to consider the matter instead. The small claims court is relatively straightforward to use and has a sliding scale of fees relative to the amount a person is claiming. People on a low income can ask to have their fees waived, and it is also open to Miss X to ask the courts to order that the Council pays her costs if her claim is successful. It is not necessary to hire a solicitor to use the small claims process.
Final decision
- We will not investigate Miss X’s complaint because it is a compensation claim, which is for the courts rather than the Ombudsman.
Investigator's decision on behalf of the Ombudsman