Summary: We will not exercise discretion to investigate this complaint about damage caused to Mr X’s car arising from the Council’s negligence. This is because it is reasonable to expect Mr X to go to court to determine any liability owed by the Council.

The complaint

1. In summary, Mr X says mud on a road maintained by the Council caused him to crash his car.
2. He would like the Council to reimburse him for the costs of repairs amounting to £1000.
3. He also says the Council has discriminated against him by turning down his claim.

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The Ombudsman’s role and powers

4. 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

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

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My assessment

6. I will not exercise discretion to investigate because the matter of liability for damages is usually decided in the courts.
7. It is reasonable for Mr X to take the matter to court. The court can decide liability and if Mr X is entitled to claim the costs incurred. here is a simple procedure in the county court for dealing with small claims. Usually, solicitors are not required so the only costs will be the court fees.
8. Mr X complains the Council has discriminated against him under the Equality Act, but my view is the Equality Act is not relevant here.
9. 
   

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Final decision

10. I will not exercise discretion to investigate. This is because it is reasonable to expect Mr X to go to court to decide the Council’s liability for his costs.

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Investigator's decision on behalf of the Ombudsman