Rochdale Metropolitan Borough Council (21 006 216)
Category : Environment and regulation > Refuse and recycling
Decision : Closed after initial enquiries
Decision date : 27 Aug 2021
The Ombudsman's final decision:
Summary: We will not exercise discretion to investigate this complaint about damage caused to the complainant’s dry-stone wall by the Council’s refuse collection truck. This is because it is reasonable to expect the complainant to go to court to determine any liability owed by the Council.
The complaint
- In summary, Mrs X complains the Council’s refuse collection truck damaged her wall and left it in a potentially dangerous state. Mrs X would like the Council to pay for repairs to the wall.
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 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 have considered all the complaint information sent in by Mrs X. This includes the Council response. I shared my initial views with Mrs X.
- I also considered the Ombudsman’s Assessment Code.
What I found
- Mrs X made a claim on the Council’s insurance for the cost of repairing her wall.
- The Council’s insurers rejected her claim.
Assessment
- I will not exercise discretion to investigate because the matter of liability for damages is usually between the Council’s insurers and the courts.
- Mrs X has already made an insurance claim which has been rejected. It is reasonable for her now to take the matter to court to protect her private property. The court can decide liability and if Mrs X is entitled to damages.
- There is a simple procedure in the county court for dealing with small claims. Usually, solicitors are not required so the only costs will be the court fees.
Final decision
- I will not exercise discretion to investigate. This is because it is reasonable to expect Mrs X to go to court to decide the Council’s liability.
Investigator's decision on behalf of the Ombudsman