Summary: We will not investigate this complaint about road markings not being repainted after a road was retarmacked. This is because it is reasonable to expect Ms Y to take the matter to court.

The complaint

1. Ms Y complains the Council failed to ensure road markings at a junction were repainted onto the road surface after it was retarmacked. She says appropriate road signage was not in place. She says this led to her having a car accident in which her car was written off and she was injured.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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

4. I considered the information provided about this complaint. Ms Y had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

5. Ms Y had a car accident in September 2020 when she crossed an unmarked junction in her car. She says her car was written off and she was injured. She says she has since become nervous in cars following the accident.
6. Ms Y says she has now had to use money from an insurance pay out and her own savings to replace her car. She considered the Council as liable for this damage and for her injuries and wants the Council to admit liability, pay her compensation and apologise.
7. Ms Y complained to the Council about the lack of road markings at the junction after the accident. The Council responded in November 2020 to refer her to its contractors who had been responsible for the resurfacing and it said also for the repainting of the markings on the junction. It provided details of the contractor’s customer care team and its insurers. Ms Y then approached the Ombudsman.

Analysis

8. Any claim for damages, such as costs for replacing a vehicle or for the impact of injuries, which Ms Y considers the Council to be responsible for, are matters more appropriately dealt with by the courts. The Ombudsman does not have the power to decide whether the Council or another body is liable to pay such damages.
9. As Ms Y is already in contact with her insurers as she has received a payment from them to help replace the damaged vehicle, it is reasonable for her to ask the insurer to consider whether the cost of replacing the vehicle should be claimed against the Council or any other parties involved. Ms Y could also take the matter to court herself if she wishes to make a claim for the damages she is seeking. It is therefore reasonable for Ms Y to pursue her claim through either the insurer or the courts and we will not investigate this complaint.

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Final decision

10. We will not investigate this complaint. This is because it is reasonable to expect Ms Y to take the matter to court.

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Investigator's decision on behalf of the Ombudsman