Summary: We will not investigate Mr B’s complaint that a Council contractor damaged his property whilst strimming a grass verge. This is because it is reasonable for Mr B to pursue his compensation claim by taking the Council to court.

The complaint

1. Mr B complains a Council contractor smashed his window when strimming a grass verge. Mr B says the Council took seven months to decide his compensation claim which it wrongly refused. Mr B would like the Council to reimburse his repair costs of £875.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. The Act 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 Mr B.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. We do not normally investigate complaints about property damage. This is because such complaints are ultimately about whether an organisation has been negligent.
7. Deciding whether an organisation has been negligent usually involves looking rigorously, and in a structured way at evidence as only the court can to make its findings. In addition, only a court can decide if an organisation has been negligent and so should pay damages. We cannot recommend actions or payments that ‘punish’ the organisation.
8. So, I would usually expect someone in Mr B’s position to seek a remedy in the courts, directly or through his insurers.
9. I do not consider there is any exceptional reason why Mr B cannot do this. So, we will not investigate Mr B’s complaint about the damage to his window.
10. Mr B also complains the Council took too long deciding his claim. But, it is not normally a good use of our limited resources to investigate an organisation’s handling of a compensation claim, if we are not investigating the substantive matter.
11. The Council has apologised to Mr B for the delay and Mr B has now received the Council’s decision. Further involvement by the Ombudsman is not justified.

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Final decision

12. We will not investigate Mr B’s complaint because it is reasonable for Mr B to pursue his compensation claim at court.

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Investigator's decision on behalf of the Ombudsman