Kent County Council (22 007 820)
Category : Transport and highways > Highway repair and maintenance
Decision : Closed after initial enquiries
Decision date : 19 Sep 2022
The Ombudsman's final decision:
Summary: We will not investigate Miss X’s complaint about damage caused to her car when she hit a pothole. This is because this is a complaint about negligence which is a legal matter for the courts to consider and decide. It is reasonable to expect Miss X to use her right to make a claim in the courts.
The complaint
- The complainant, whom I shall call Miss X, complains her car was damaged when she drove over a pothole in the road.
The Ombudsman’s role and powers
- We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
- 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 the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Miss X’s car was damaged when she drove over a pothole. This cost her approximately £300 to repair. She submitted a claim to the Council. The Council denied liability.
Final decision
- We will not investigate Miss X’s complaint because it lies outside our jurisdiction. This is because this is a complaint about negligence which is a legal matter for the courts to consider and decide.
- The Ombudsman cannot decide a negligence claim. Only the courts can decide if the Council has been negligent and, if so, whether to award the damages Miss X seeks. It is reasonable to expect Miss X to use her right to make a claim in the courts.
Investigator's decision on behalf of the Ombudsman