Summary: The Ombudsman will not investigate this complaint about a pothole causing damage to Miss Q’s car. This is because she may go to court.

The complaint

1. The complainant, who I have called Miss Q, complained that her car was damaged by a pothole on a Medway Council road. She is unhappy the Council will not reimburse her for the cost of the repairs to her car.

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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)

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How I considered this complaint

4. I considered the information Miss Q provided. I invited Miss Q to comment on a draft of this decision.

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What I found

5. Miss Q said her car was damaged when she drove over a pothole in a road maintained by the Council. The Council said it had “a reasonable system of inspection and maintenance in place” for the road and denied liability for the damage to Miss Q’s car. Miss Q believes the Council had marked the pothole for repair some time before she drove over it.
6. Miss Q is, in effect, saying the Council was negligent and failed to properly maintain the road. Only a court can decide whether the Council was negligent and, if so, what damages it should pay.
7. We cannot decide whether a council has been negligent and do not have the power to require a council to pay damages. So it would be reasonable for Miss Q to pursue a claim for damages in the courts, either directly or through her insurers.

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Final decision

8. We will not investigate Miss Q’s complaint. This is because she may go to court.

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Investigator's decision on behalf of the Ombudsman