Summary: We will not investigate this complaint about damage caused to Mr X’s car allegedly arising from the Council’s failure to repair a pothole. 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 the Council has been negligent by failing to repair a pothole that caused significant damage to his car.
2. Mr X says he has been caused stress and anxiety. He would like the Council to pay the invoice he sent it and pay and extra amount for his time and trouble.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. We provide a free service but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6))
5. 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

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

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My assessment

7. The Council has denied it is liable for the damage to Mr X’s car.
8. I will not investigate because claims for damages are best decided in court. There is a simple procedure in the county court for dealing with small claims.
9. The court can decide liability and if Mr X is entitled to claim the costs claimed. The court can consider the evidence Mr X has collected about the Council’s alleged negligence.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman