Summary: The Ombudsman will not investigate Mr X’s complaint about the time the Council is taking to consider his claim for compensation after his car was damaged by potholes. It is reasonable to expect Mr X to resort to court action for the compensation he seeks. The complaint is therefore outside the Ombudsman’s legal remit.

The complaint

1. Mr X complains about the time the Council says it will take to decide his claim for compensation for damage, caused to his car, by potholes.

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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 X said in his complaint and his comments in response to my draft decision which I sent to him.

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What I found

4. Mr X hit a pothole in late December 2019 which caused damage to his tyre and wheel. Mr X has submitted a claim to the Council but is unhappy that it says it cannot decide it until early March.

Assessment

5. The Ombudsman cannot determine damage claims; only the courts can. There is a low cost procedure open to anyone to make a money claim in the courts or Mr X could consider asking a ‘no win, no fee’ solicitor to take on his case. It is reasonable therefore to expect Mr X to resort to court action for the compensation he seeks and to take advice from the courts about the time frame he should allow the Council before taking action.

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Final decision

6. My decision is that the Ombudsman should not investigate this complaint. This is because it is reasonable to expect Mr X to resort to court action for the compensation he seeks. The complaint is therefore outside the Ombudsman’s legal remit.

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Investigator's decision on behalf of the Ombudsman