Summary: We will not investigate Mr X’s claim for damages arising from a pothole. This is because it is reasonable to expect Mr X to go to court to determine the Council’s liability.

The complaint

1. In summary, Mr X says the Council has delayed on dealing with his claim made in April 2023. He says he would like the claim settled plus interest due to the time taken.

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The Ombudsman’s role and powers

2. 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

3. I considered information provided by the complainant. And I considered the Ombudsman’s Assessment Code.

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My assessment

4. We asked the Council for comments on the time taken. It told us that Mr X should expect to hear the outcome by the end of March 2024.
5. I will not investigate because pothole damage claims are best decided in the courts. I see no good reason why Mr X cannot take this matter to court. The court can decide liability and if Mr X is entitled to claim the costs claimed. And, we would not look at the delay issue on its own as the main issue is one best dealt with in court.

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Final decision

6. I will not investigate. It is reasonable to expect Mr X to go to court to decide the Council’s liability for his damages claim arising from a pothole.

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Investigator's decision on behalf of the Ombudsman