Cambridgeshire County Council (20 002 731)
Category : Transport and highways > Highway repair and maintenance
Decision : Closed after initial enquiries
Decision date : 10 Sep 2020
The Ombudsman's final decision:
Summary: The Ombudsman will not investigate Mr X’s complaint that the Council did not properly maintain the highway which resulted in damage to his car. This is because Mr X can take court action about the matter and it is reasonable for him to do so.
The complaint
- Mr X complains the Council did not properly maintain the highway which resulted in damage to his car. He says the Council refuses to accept liability and pay compensation for the damage.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- 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 considered the information provided by Mr X in his complaint.
- I sent a copy of my draft decision to Mr X. I considered his comments before making a final decision.
What I found
Background
- Mr X’s car collided with a traffic island between lanes on the highway in late 2019. As a result, his car was written off.
- Mr X says the traffic island was not correctly marked and did not have bollards to show its position. He says the Council installed new bollards on the island after the collision.
- Mr X claimed compensation from the Council for his loss arguing the Council had failed to maintain the highway to the proper standard. The Council rejected Mr X’s claim.
Analysis
- The law says we cannot normally investigate a complaint when someone could take the matter to court. Mr X can make a court claim for negligence if he believes the damage was caused by the Council’s failure to maintain the highway.
- We have discretion to set aside this rule where we decide there are good reasons. I have decided not to exercise discretion in this case because:
- Negligence claims are generally best left to the courts to decide; and
- It is reasonable to expect Mr X to take the matter to court.
Final decision
- The Ombudsman will not investigate this complaint. This is because Mr X can take court action about the matter and it is reasonable for him to do so.
Investigator's decision on behalf of the Ombudsman