Summary: Mrs X complains the Council has refused to accept liability for damage caused to her car when she hit a pothole. We will not investigate as this is a matter for the courts.

The complaint

1. Mrs X complains about the costs to her from damage caused to her car when she hit a pothole. Mrs X complains the Council has refused to accept liability for the damage.

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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.

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What I found

4. Mrs X complains about the costs she has incurred due to damage caused to her car when she hit a pothole. Mrs X complains the Council has refused to accept liability for the damage.

Analysis

5. Mrs X has the right to make a court claim for the damages she seeks and we cannot normally investigate when someone can take the matter to court.
6. We can exercise discretion to investigate but I do not consider there are reasons to do so in this case. This is because only the courts can determine if the Council is legally liable for the damage caused to Mrs X’s car and if damages should be paid. Additionally, there is a simple, low-cost procedure open to anyone to make a money claim in the court.
7. For these reasons, it is reasonable 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 it is reasonable to expect Mrs X to resort to court action for the damages she seeks.

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Investigator's decision on behalf of the Ombudsman