Summary: We will not investigate Mr X’s complaint about damage caused to his car by refuse contractors leaving refuse bins around his car. This is because this is a complaint about negligence which is a legal matter for the courts to decide if his claim is refused by the contractor’s insurers.

The complaint

1. The complainant, Mr X, complains his car was damaged when a refuse contractor delivered new bins for the street and left them around his car. Mr X said this led him to feel he had been targeted due to his race.

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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 effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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

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

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My assessment

7. Mr X complained to the Council that his car was damaged when refuse contractors delivered new bins for the street and left them around his car. Mr X said his car’s bonnet was scratched by the bins.
8. The Council considered Mr X’s complaint and explained that the issue of damage to his car would be considered separately via its contractor’s insurers. It asked Mr X to provide evidence of the damage to his car to the contractor so its insurers could consider it.
9. In response to our initial enquiries, the Council explained Mr X’s claim had been considered by the insurers for the third party contractor that delivered the bins. It closed Mr X’s claim due to a lack of evidence provided. The Council told us the Council’s refuse contractor has recently asked its insurers to reopen the case to explore how to settle any outstanding claim.
10. We will not investigate Mr X’s complaint. This is because it is essentially a complaint about negligence which is a legal matter for the courts to consider and decide should Mr X’s claim not be agreed by the contractor’s insurers.
11. We cannot decide a negligence claim. Deciding whether an organisation has been negligent involves looking rigorously, and in a structured way, at evidence as only the court can to make its findings. Only a court can decide if an organisation has been negligent and, if so, whether to pay any damages sought.
12. It is reasonable to expect Mr X to use his right to pursue his claim further in the courts if the insurers refuse it. Making a claim in the small claims court is a simple, low cost and accessible process with fees set on a sliding scale depending on the level of the claim. Those on a low income can apply for help with the fees.

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Final decision

13. We will not investigate Mr X’s complaint because it is about negligence which is a legal matter for the courts to consider and decide.

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Investigator's decision on behalf of the Ombudsman