Stratford-on-Avon District Council (19 011 406)
Category : Transport and highways > Highway repair and maintenance
Decision : Closed after initial enquiries
Decision date : 31 Oct 2019
The Ombudsman's final decision:
Summary: The Ombudsman will not investigate Ms X’s complaint that the Council will not pay for repairs to her car after it was damaged by a drain cover in the road. The Council has advised Ms X it is not responsible for road maintenance in the area. Additionally, it is reasonable to expect Ms X to resort to court action for the compensations she seeks.
The complaint
- The complainant, whom I shall call Ms X, complains the Council will not pay for repairs to her car after it was damaged by a drain cover in the road.
The Ombudsman’s role and powers
- 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 have considered what Ms X said in her complaint.
What I found
- Ms X complains the Council will not pay for repairs to her car after it was damaged by a drain cover in the road.
- The Council advised Ms X to make her claim to the County Council as it is responsible for roads in the area.
Analysis
- The Council advised Ms X that it is not responsible for road maintenance, and where to make her claim, so there is no indication of fault by the Council.
- We cannot determine in any case whether a council is legally liable for the damage to Ms X’s car and if it should pay compensation. Only the courts can do this. There is a simple low cost procedure open to anyone to make a money claim in the courts or Ms X could consider using a ‘no win no fee’ solicitor.
- For these reasons, we consider it is reasonable to expect Ms X to seek a remedy through the courts. The complaint is therefore outside our legal remit.
Final decision
- My decision is that the Ombudsman will not investigate this complaint. There is no indication of fault by the Council and it is reasonable to expect Ms X to resort to court action for the compensation she seeks.
Investigator's decision on behalf of the Ombudsman