Summary: We will not investigate this complaint about a damage claim as we cannot achieve the outcome the complainant seeks as this is a matter for the courts.

The complaint

1. Miss X complains about delay by the Council’s insurers in deciding her claim after she says her car was damaged by refuse collectors. Miss X wants the Council to agree the claim so she can repair her car.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide we cannot achieve the outcome someone wants (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. 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)

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. In its complaint responses to Miss X, the Council advised that its insurers were considering her claim, albeit acknowledging the decision was delayed. The Council apologised for this.
7. While I recognise Miss X’s frustration, we will not investigate as we cannot achieve the outcome she seeks, that is, for the compensation to be paid. We cannot determine damage claims as these are matters for the court. It is open to Miss X to take legal action against the Council for the compensation she seeks. There is a relatively simple, low-cost procedure open to anyone to make a money claim in court and it is reasonable to expect Miss X to use this.

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Final decision

8. We will not investigate Miss X’s complaint because we cannot achieve the outcome she seeks as this is a matter for the courts.

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Investigator's decision on behalf of the Ombudsman