Summary: The Ombudsman will not investigate Mr X’s complaint about financial loss caused by repairs to the public highway close to his business. This is because any dispute about liability for financial loss is a matter for the courts.

The complaint

1. The complainant, whom I shall call Mr X, complains repairs to the public highway caused a loss of custom to his business. Mr X wants the Council to pay compensation.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended)
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 Mr X’s complaint to the Ombudsman and the information he provided. I also gave Mr X the opportunity to comment on a draft statement before reaching a final decision on his complaint.

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What I found

5. Mr X owns a petrol station. He says that repairs to the public highway and temporary traffic arrangements meant customers could not access his business for almost two weeks. Mr X wants the Council to pay compensation.
6. The Council has explained to Mr X that it has a statutory duty to maintain the public highway. It says it wrote three time to all affected businesses and the petrol station could still be accessed during the works. It has so far refused Mr X’s claim for compensation.
7. The role of the Ombudsman is to look for administrative fault. But disputes over liability and the merits of claims for financial loss are a matter for the courts. The Ombudsman cannot determine who is liable for Mr X’s losses in law. It is therefore reasonable for Mr X to make a claim through the courts if he considers the Council has acted unlawfully and if its actions have affected him financially.

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Final decision

8. The Ombudsman will not investigate Mr X’s complaint. This is because any dispute about liability for financial loss is a matter for the courts.

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Investigator's decision on behalf of the Ombudsman