Surrey County Council (23 005 315)
Category : Transport and highways > Highway repair and maintenance
Decision : Closed after initial enquiries
Decision date : 01 Aug 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council's handling of Miss X’s claim for repair costs after her car was damaged by a pothole. This is because we can achieve no meaningful outcome for Miss X and she has the right to seek compensation through the courts.
The complaint
- Miss X complains about delay in the Council responding to her claim for It to pay for her repair costs after her car was damaged by a pothole. Miss X wants the Council to pay for her repairs.
The Ombudsman’s role and powers
- 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 and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- The Council wrote to Miss X on 10 July 2023, rejecting her claim from December 2022, and denying liability for the damage to her car. The Council apologised to Miss X for the delay in it responding and advised her to seek legal advice should she wish to challenge its decision.
- While there was delay in the Council responding to Miss X’s claim, it has now stated its position, and we cannot add to this or achieve any other meaningful outcome for Miss X. We cannot ask the Council to pay for the repairs to Miss X’s car as we are not empowered to determine damage claims; This is now a matter for the courts, should Miss X wish to pursue this. There is a simple, low-cost procedure open to anyone to make a money claim in the courts, and it is reasonable to expect Miss X to take such action, if she considers the Council should pay compensation. As such, we will not investigate.
Final decision
- We will not investigate Miss X’s complaint because we can achieve no meaningful outcome for her, and it is reasonable to expect her to take court action for the compensation she seeks.
Investigator's decision on behalf of the Ombudsman