Oldham Metropolitan Borough Council (20 012 070)
Category : Transport and highways > Highway repair and maintenance
Decision : Closed after initial enquiries
Decision date : 18 Mar 2021
The Ombudsman's final decision:
Summary: We will not investigate Mrs B’s complaint that the Council’s failure to maintain the highway is responsible for damage to her car. This is because it would be reasonable for her to pursue the matter in court.
The complaint
- The complainant, who I will refer to as Mrs B, complains that the Council’s failure to maintain the highway is responsible for damage to her 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 Mrs B has said in support of her complaint. I have offered her the opportunity to comment on a draft of this decision.
What I found
- Mrs B says her car suffered damage due to the state of the highway. She made a claim against the Council, which it placed in the hands of its solicitors. The solicitors have denied that the Council is liable for the damage and refused the claim.
- Mrs B complains about the decision to deny liability. She says the solicitors have made false statements in their response. She wants the Council to reimburse her for the expense and inconvenience she has suffered.
- The Ombudsman will not investigate Mrs B’s complaint. The complaint is essentially that the Council has been negligent in failing to maintain the highway. The Council, through its solicitors, has denied this. Negligence claims are for the courts, not the Ombudsman.
- The Council is entitled to mount a legal defence in court. Where liability for damage to property is denied, as is the case here, the courts can decide the matter. The Ombudsman cannot. That being the case, it would be reasonable for Mrs B to pursue the matter in court.
Final decision
- We will not investigate this complaint. This is because it would be reasonable for Mrs B to pursue the matter in court.
Investigator's decision on behalf of the Ombudsman