Stockport Metropolitan Borough Council (21 016 896)
Category : Transport and highways > Highway repair and maintenance
Decision : Closed after initial enquiries
Decision date : 17 Feb 2022
The Ombudsman's final decision:
Summary: We will not investigate Mr B’s complaint that his car was damaged due to the Council’s failure to maintain the highway. This is because it is reasonable for Mr B to pursue his compensation claim by taking the Council to court.
The complaint
- The complainant, who I will refer to as Mr B, complains that his car was damaged because the Council had failed to repair kerbstones which had been lifted up by the roots of a tree. Mr B says the Council has wrongly refused his claim for compensation. Mr B would like the Council to pay him compensation and repair the pavement.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- 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 considered information provided by Mr B.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr B’s complaint is that his car was damaged because of Council negligence.
- Deciding whether an organisation has been negligent usually involves looking rigorously, and in a structured way at evidence as only the court can to make its findings. The Council has a statutory defence if it can show it could not reasonably have been expected to put right any defects before the incident happened. In addition, only a court can decide if an organisation has been negligent and so should pay damages.
- I cannot decide whether an organisation has been negligent and have no powers to enforce an award of damages.
- So, I would usually expect someone in Mr B’s position to seek a remedy in the courts, directly or through his insurers. I do not consider there is any exceptional reason why Mr B cannot do this. So, we will not investigate this complaint.
Final decision
- We will not investigate Mr B’s complaint because it is reasonable for him to take the Council to court.
Investigator's decision on behalf of the Ombudsman