City of Doncaster Council (20 009 359)
Category : Transport and highways > Highway repair and maintenance
Decision : Closed after initial enquiries
Decision date : 25 Jan 2021
The Ombudsman's final decision:
Summary: We will not investigate Mr B’s complaint that the Council is at fault in refusing his claim for damage to his car. This is because Mr B may take the matter to court and it would be reasonable for him to do so.
The complaint
- The complainant, who I will refer to as Mr B, complains that the Council is at fault in refusing his claim for damage to his car.
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 B has said in support of his complaint and relevant correspondence provided by the Council. I have considered Mr B’s response to a draft of this decision.
What I found
- Mr B says his car was damaged by a pothole. He believes this resulted from negligence on the Council’s part in failing to maintain the highway. He made a claim against the Council, which it refused. Mr B complains about this decision, and about the actions of the Council officers who dealt with his claim.
- We will not investigate Mr B’s complaint. This is because it is based on an allegation that the damage caused to Mr B’s property was caused by negligence on the Council’s part. Negligence is a matter for the court, not the Ombudsman. Where liability for damage is disputed, it is for the court to decide. The Council is entitled to lodge a defence in court and the Ombudsman will not intervene.
Final decision
- We will not investigate this complaint. This is because it would be reasonable for Mr B to take the matter to court.
Investigator's decision on behalf of the Ombudsman