Summary: We will not exercise discretion to investigate this complaint about damage caused to Mrs X’s car arising from the Council’s failure to repair a pothole on the public highway. This is because it is reasonable to expect Mrs X to go to court to determine any liability owed by the Council.

The complaint

1. In summary, Mrs X says Council failure to repair a large pothole on the public highway caused her tyre to tear which left her car undriveable.
2. She would like the Council to reimburse her garage costs of £378.45.

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The Ombudsman’s role and powers

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 considered information provided by the complainant. I also considered the Ombudsman’s Assessment Code.

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My assessment

5. I will not exercise discretion to investigate because the matter of liability and any damages owed is usually decided in the courts. It is reasonable for Mrs X to take the matter to court. The court can decide liability and if Mrs X is entitled to the sum claimed.
6. There is a simple procedure in the county court for dealing with small claims.

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Final decision

7. I will not exercise discretion to investigate. This is because it is reasonable to expect Mrs X to go to court to decide the Council’s liabilities owed for her car damage.

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Investigator's decision on behalf of the Ombudsman