Gloucestershire County Council (21 007 763)
Category : Transport and highways > Highway repair and maintenance
Decision : Closed after initial enquiries
Decision date : 05 Jan 2022
The Ombudsman's final decision:
Summary: We will not investigate this complaint about highway repairs. This is because the court is better placed than us to consider the complaint.
The complaint
- Mr Y complains the Council has failed to repair potholes in the road and this has caused damage to his vehicle, with repairs costing over £200.
The Ombudsman’s role and powers
- The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6))
How I considered this complaint
- I considered the information Mr Y provided and the Ombudsman’s Assessment Code.
My assessment
- In February 2021, Mr Y drove his car in the Council’s area. Mr Y says he hit a pothole in the road which caused damage to his vehicle. He completed a form in March to make a claim on the Council’s insurance for the cost of repairs to his vehicle. In May, the Council’s insurer responded, denying liability for the claim. Mr Y then approach us in August.
Analysis
- Mr Y’s injustice relates to the damage to his car and the costs to repair it. Mr Y may be able to make a claim through his own car insurance for the costs of the repairs depending on his policy.
- The insurer may then continue Mr Y’s claim against the Council. If the Council disputes liability for the costs of the repairs, the insurer or Mr Y himself, may consider pursuing the claim through the courts. The courts can decide who is liable for the costs and if necessary, award damages.
- We are not able to decide liability or award damages. Consequently, any claim for damages, such as costs for repairs, which Mr Y considers the Council to be responsible for, are matters more appropriately dealt with by the courts.
- As Mr Y has already been able to approach the Council’s insurers, it is reasonable to expect Mr Y to pursue his claim through either his insurer or the courts. We will not investigate this complaint.
Final decision
- We will not investigate Mr Y’s complaint because the court is better placed than us to consider the complaint.
Investigator's decision on behalf of the Ombudsman