Summary: We will not investigate this complaint about damage caused to Mr X’s car allegedly from driving over a pothole on a Council-maintained Road. 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 a large pothole on a Council Road caused damage to his car.
2. He would like to be reimbursed for the cost of the repairs to the car estimated at around 180-210.

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

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My assessment

7. I will not investigate because the matter of liability for damages is decided in court. There is a simple procedure in the county court for dealing with small claims. The Ombudsman has no powers to determine legal liability nor to award damages.
8. It is therefore 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 claimed.

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Final decision

9. 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 the damage to his car.

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Investigator's decision on behalf of the Ombudsman