Summary: We will not investigate Mr X’s complaint about the Council’s refusal to pay compensation for damage caused to his car by a pothole as this is a matter for the courts.

The complaint

1. Mr X complains the Council will not compensate him for damage caused to his car by a pothole.

Back to top

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)

Back to top

How I considered this complaint

3. I have considered what Mr X said in his complaint and sent him my draft decision for his comments.

Back to top

What I found

4. Mr X complains the Council will not compensate him for damage caused to his car by a pothole.

Analysis

5. We cannot determine if the Council is legally liable for the damage to Mr X’s car or if compensation should be paid. Only the courts can do this. There is a simple, low-cost procedure open to anyone to make a money claim in the courts or Mr X could ask a ‘no win no fee’ solicitor to take on his case.
6. It is reasonable to expect Mr X to take such action and as we cannot achieve the outcome he seeks, we will not investigate.

Back to top

Final decision

7. My decision is we will not investigate this complaint. This is because it is reasonable to expect Mr X to take court action for the compensation he seeks. The complaint is therefore outside our legal remit.

Back to top

Investigator's decision on behalf of the Ombudsman