North Lincolnshire Council (19 018 929)
Category : Transport and highways > Highway repair and maintenance
Decision : Closed after initial enquiries
Decision date : 10 Mar 2020
The Ombudsman's final decision:
Summary: The Ombudsman will not investigate Mr X’s complaint about how the Council has dealt with his claim for compensation after his car was damaged by a pothole. It is reasonable to expect Mr X to take court action for the compensation he seeks, and the complaint is therefore outside the Ombudsman’s legal remit.
The complaint
- Mr X complains about the Council’s handling of his claim for compensation for pothole damage to his car.
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 Mr X said in his complaint. I have written to Mr X with my draft decision on the complaint and given him a chance to comment.
What I found
- Mr X complains the Council has failed to decide a claim for compensation for damage caused to his car by a pothole. The Council told Mr X it would respond within 90 days. It did not and so Mr X complained to us. Mr X has obtained legal advice and makes a complaint to us before starting court proceedings.
Assessment
- The Ombudsman cannot determine whether the Council is legally liable for the damage to Mr X’s car or if compensation should be paid. Mr X has implied in his complaint to us that he will initiate proceedings if dissatisfied with our response. There is a low-cost procedure open to Mr X to make a money claim in the court, should he choose to do so.
- For these reasons, it is reasonable to expect Mr X to take court action and we will not investigate.
Final decision
- My decision is that the Ombudsman should not investigate this complaint. This is because it is reasonable to expect Mr X to take court action for the compensation he seeks and the complaint is therefore outside the Ombudsman’s legal remit.
Investigator's decision on behalf of the Ombudsman