Buckinghamshire Council (20 007 749)
Category : Transport and highways > Highway repair and maintenance
Decision : Closed after initial enquiries
Decision date : 18 Nov 2020
The Ombudsman's final decision:
Summary: Mr X complains the Council will not compensate him for damage caused to his cycle by a pothole. The Ombudsman will not investigate as it is reasonable to expect Mr X to seek compensation through the courts.
The complaint
- Mr X complains the Council will not compensate him to damage caused to his cycle by 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. I sent Mr X my draft decision on the complaint and I have considered the comments he made in response.
What I found
- Mr X says both wheels and tyres of his cycle were damaged beyond repair by a pothole. Mr X wants the Council to pay for replacements.
Analysis
- The Ombudsman cannot determine if the Council is legally liable for the damage to Mr X’s cycle 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.
- It is reasonable to expect Mr X to resort to court action. The complaint is therefore outside our legal remit, as per paragraph 2, and we will not investigate.
Final decision
- My decision is that the Ombudsman will not investigate this complaint. The complaint is outside our legal remit as it is reasonable to expect Mr X to seek compensation through the courts.
Investigator's decision on behalf of the Ombudsman