Summary: We will not investigate Mr X’s complaint the Council has refused to pay for damage to his vehicle caused by a pothole. It is reasonable for Mr X to use his legal remedy at court.

The complaint

1. Mr X complains the Council has refused to pay for pothole damage to his vehicle’s tyre which caused expense and the inconvenience of not having a vehicle for a week. Mr X says the Council took too long to reply and that he is tempted to use the County Court’s money claim.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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

4. I have considered Mr X’s information and comments including the Council’s refusal of the claim. I have discussed the complaint with Mrs X.

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My assessment

5. I will not investigate this complaint for the following reasons:
6. The complaint is outside the jurisdiction of the Ombudsman because Mr X has a legal remedy at court (see paragraph 2 and 3 above). Mr X would need evidence the Council failed to take reasonable care in its maintenance of the highway or repair of potholes (Highway Act 1980 sections 56-58).
7. I consider it reasonable for Mr X to use his legal remedy. Although Mr X has some health difficulties, the claim procedure does not require a lawyer and the court has the power to award damages.

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Final decision

8. The Ombudsman will not investigate We will not investigate Mr X’s complaint the Council has refused to pay for damage to his vehicle caused by a pothole. It is reasonable for Mr X to use his legal remedy at court.

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Investigator's decision on behalf of the Ombudsman