Summary: We will not investigate this complaint about pothole damage as it is reasonable to expect the complainant to resort to court action for the compensation he seeks.

The complaint

1. Mr X complains the Council has denied liability for damage caused to his car by a pothole. Mr X considers the Council was negligent in maintaining the road and as such it should pay compensation to him for his repairs.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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

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

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My assessment

6. We cannot determine negligence claims or whether the Council is legally liable to compensate Mr X. Only the courts can do this and there is a simple, low cost procedure open to anyone to make such a claim in the courts. As such, it is reasonable to expect Mr X to take legal action for the remedy he seeks, and we will not therefore investigate.

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Final decision

7. We will not investigate Mr X’s complaint because it is reasonable to expect him to take court action for the compensation he seeks.

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Investigator's decision on behalf of the Ombudsman