Summary: The Ombudsman will not investigate whether damage to a car which hit a pothole in the road was caused by the Council’s negligence. This is a matter for the courts to decide.

The complaint

1. The complainant, who I refer to here as Mr B, complained his car was damaged when it a pothole in a road maintained by the Council. He asked the Council to pay for the damage but it has refused to accept liability. He says this has also affected his physical and mental health.

Back to top

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 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)

Back to top

How I considered this complaint

4. I have considered what Mr B said in his complaint. Mr B commented on a draft before I made this decision.

Back to top

What I found

5. Mr B believes the Council has been negligent. This is not a simple matter and many factors have to be taken into account. Only a court can decide if a council has been negligent and whether it must pay compensation.
6. We cannot decide whether a council has been negligent and have no powers to enforce an award of damages. For this reason, we would usually expect someone in Mr B’s position to seek a remedy in the courts, directly or through his insurers.
7. Mr B says it would be unreasonable for him to seek a remedy in court because of his health issues. However, on balance, I do not agree. Mr B could use his insurers or an advocate and we could not, in any case, provide the remedy he is seeking.

Back to top

Final decision

8. I have decided we will not investigate this complaint because Mr B can seek a remedy in court.

Back to top

Investigator's decision on behalf of the Ombudsman