Summary: We will not investigate this complaint that the Council has not responded to Mr X’s email following its rejection of his claim against its insurers. There is insufficient injustice caused to Mr X from this in isolation and the substantive matter is for the courts.

The complaint

1. Mr X submitted a claim to the Council for the total loss of his car after he hit a pothole. The Council rejected Mr X’s claim. Mr X sent the Council an email contesting this but has received no response. Mr X has a health condition and says dealing with this matter has led to a deterioration in it.

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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 any injustice is not significant enough to justify our involvement (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.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. I recognise Mr X is dissatisfied that the Council has not responded to his response to its decision to reject his claim. However, in isolation, this does not represent a level of injustice to warrant our further action.
7. The substantive injustice to Mr X arises from the damage to his car. We cannot provide a remedy for this as we are not empowered to determine damage claims. It is open to Mr X to make a claim in court and there is a relatively simple, low-cost, procedure available for him to do so.

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Final decision

8. We will not investigate Mr X’s complaint because he is not caused a level of injustice from it that would warrant our further action and the substantive matter, the damage claim, is for the courts.

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Investigator's decision on behalf of the Ombudsman