Wiltshire Council (20 005 969)
Category : Transport and highways > Highway repair and maintenance
Decision : Closed after initial enquiries
Decision date : 20 Nov 2020
The Ombudsman's final decision:
Summary: The Ombudsman will not investigate Miss X’s complaint about being injured after falling from her bike due to a pothole. This is because this is a complaint about negligence which is a legal matter for the courts to consider and decide.
The complaint
- The complainant, whom I shall call Miss X, complains she was injured after falling from her bike after riding over a pothole.
The Ombudsman’s role and powers
- We can decide whether to start or discontinue an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
- 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 Miss X provided. I sent Miss X a draft of my decision and invited her comments on it.
What I found
- Miss X broke her collar bone after falling from her bike when she rode over a pothole.
- Miss X submitted a claim for damages to the Council.
- The Council has considered the claim. It denied liability, setting out its defence against a claim under the Highways Act. It has informed Miss X of her right to pursue her claim in the courts.
Final decision
- We will not investigate this complaint. This is because this is a complaint about negligence which is a legal matter for the courts to decide. The Ombudsman cannot decide a negligence claim. Only the courts can decide if the Council has been negligent in failing to keep the road in a safe condition and, if so, whether it should award any damages Miss X seeks. Miss X considers the Council to be liable for her injury and it is reasonable to expect her to use her right to make a claim in the courts.
Investigator's decision on behalf of the Ombudsman