Summary: Mrs X complains the Council has refused to compensate her for repairs needed to her car after it was damaged by two potholes. We will not investigate as this is ultimately a matter for the courts.

The complaint

1. Mrs X complains the Council has refused to pay for repairs to her car after it was damaged by two potholes.

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The Ombudsman’s role and powers

2. 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

3. I have considered what Mrs X said in her complaint and sent her my draft decision on it for her comments. I have considered the comments Mrs X made in response.

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What I found

4. Mrs X complains the Council has refused to pay for repairs that were needed to her car after it was damaged by two potholes. Mrs X considers the Council was negligent and the damage was due to dangerous defects in the roads.
5. The Council has rejected Mrs X’s claims for her repair costs.

Analysis

6. We cannot determine if the Council is legally liable for the damage caused to Mrs X’s car or if the Council should pay for the repairs. Only the courts can do this. There is a simple, low-cost procedure open to any one to make a money claim in the courts or Mrs X could ask a ‘no win, no fee’ solicitor to take on her case.
7. It is reasonable therefore to expect Mrs X to resort to court action and we will not therefore investigate.

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Final decision

8. My decision is we will not investigate this complaint. This is because Mrs X can reasonably take court action for the compensation she seeks. The complaint is therefore outside our legal remit.

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Investigator's decision on behalf of the Ombudsman