Hampshire County Council (20 005 272)
Category : Transport and highways > Highway repair and maintenance
Decision : Closed after initial enquiries
Decision date : 21 Oct 2020
The Ombudsman's final decision:
Summary: The Ombudsman will not investigate Mr X’s complaint that the Council will not pay for repairs which were needed to his car after it was damaged by a pothole. This is because it is reasonable to expect Mr X to take court action for the compensation he seeks.
The complaint
- Mr X complains the Council will not pay for repairs to his car which were needed after it was damaged by a pothole.
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 and sent him my draft findings on it for comment. I have considered the comments Mr X made in response before reaching this final decision.
What I found
- Mr X complains the Council will not pay for repairs to his car which were needed after it was damaged by a pothole.
Analysis
- We cannot determine if the Council is legally liable for the damage to Mr X’s car or if compensation should be paid. Only the courts can do this and there is a simple, low cost procedure open to anyone to make a money claim in the courts. Alternatively, Mr X could consider using a ‘no win no fee’ solicitor.
- For these reasons, it is reasonable to expect Mr X to resort to court action and we will not investigate.
Final decision
- My decision is that the Ombudsman will not investigate this complaint. This is because Mr X can take court action for the compensation he seeks and it is reasonable to expect him to do so.
Investigator's decision on behalf of the Ombudsman