Buckinghamshire County Council (19 004 513)
Category : Transport and highways > Highway repair and maintenance
Decision : Closed after initial enquiries
Decision date : 09 Aug 2019
The Ombudsman's final decision:
Summary: The Ombudsman will not investigate Mrs X’s complaint about damage to her car from a pothole. This is because it is reasonable for her to seek compensation through the courts.
The complaint
- The complainant, whom I shall call Mrs X, complains about damage to his car from a pothole.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- 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)
How I considered this complaint
- I considered the information provided by Mrs X and discussed the complaint with her.
What I found
- Mrs X says a pothole on the public highway damaged her car. She wants the Council to pay for the damage.
- The role of the Ombudsman is to consider complaints about administrative fault. We cannot establish liability in complaints involving damage to property. Claims for damage to property are a matter for the Council’s insurers and, ultimately, for the courts.
- If the Council’s insurers reject a claim from Mrs X, it is open to her to make a claim in court. I consider it would be reasonable for her to do so. This is because only the Court can decide if the Council has been negligent. The Court can decide what damages, if any, the Council should pay Mrs X. Also, Section 58 of the Highways Act 1980, gives a council the right to put forward in court a defence against claims for damage from the condition of the highway. The Ombudsman will not remove that right by investigating Mrs X’s complaint.
Final decision
- I will not investigate this complaint. This is because there is a legal remedy available to Mrs X, and it is reasonable for her to take the matter to court. Only the Court can decide whether the Council is liable for the cost of repairing her car.
Investigator’s decision on behalf of the Ombudsman
Investigator's decision on behalf of the Ombudsman