Summary: Ms X complains the Council refuse to pay for the cost of repairing her car which was damaged when she hit a pothole. The Ombudsman will not investigate as this is a matter for the court to decide.

The complaint

1. Ms X, complains her car was damaged when she hit pot holes on a Council maintained lay-by. She says she has incurred extra expenses due to the pothole damaging her car.

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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 have considered the information provided by Ms X.

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What I found

4. Ms X says the Council refuses to pay her claim for damages caused to her car plus lost wages. It says the lay-by was inspected shortly before Ms X damaged her car.
5. Ms X is effectively complaining the Council has been negligent. Only a court can decide if a Council has been negligent. And we have no powers to enforce an award of damages. So, we would usually expect her to seek a remedy in court or through her insurers.

Final decision

6. I will not investigate this complaint. This is because damages for the cost of repairing Ms X’s car and lost earnings are a matter for the courts to decide.

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Investigator's decision on behalf of the Ombudsman