Summary: The Ombudsman will not investigate Mr A’s complaint that the Council is liable for damage to his car. This is because he may take the matter to court and it would be reasonable for him to do so.

The complaint

1. The complainant, who I will refer to as Mr A, complains that the Council is responsible for damage to his car caused when he hit a pothole.

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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 what Mr A has said in support of his complaint.

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What I found

4. Mr A says his car suffered damage when he drove into a pothole. He has made a claim for the damage to the Council and says it has failed to respond reasonably. He wants the Council to pay for the damage and compensate him for the trouble he has been put to.
5. The Ombudsman will not investigate Mr A's complaint. Whether or not the Council is liable for the damage to Mr A’s car turns on whether it was negligent in failing to maintain the highway. Negligence is a matter for the courts, not the Ombudsman, and the Council is entitled to defend itself in court.
6. If Mr A wants to establish that the Council was negligent and is therefore liable for his losses, his recourse it to take the matter to court. It would be reasonable for him to do so and the Ombudsman will not intervene.

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Final decision

7. The Ombudsman will not investigate this complaint. This is because it would be reasonable for Mr A to take the matter to court.

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Investigator's decision on behalf of the Ombudsman