Summary: We will not investigate this complaint about highway maintenance repair because the courts and insurers are better placed to consider the complaint.

The complaint

1. Mr Y complained the Council failed to act on a report about highway maintenance and repair. Mr Y says this led to his vehicle being damaged and the contractor involved being unable to carry out an investigation in a timely manner. Mr Y says the repairs have cost him a total of £216.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered information Mr Y provided and the Ombudsman’s Assessment Code.

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My assessment

4. Mr Y’s car was damaged on one of the Council’s roads in May 2023. Mr Y says the repairs cost £216. The contractor involved has agreed to pay £110 towards the cost of the repairs and Mr Y is now seeking the remaining amount from the Council, who he considers responsible for the damage to his vehicle due to its delay and failure to act after the road was reported as being damaged.
5. The legislation from which the Ombudsman takes their power also places some restrictions on what we may investigate. One of these concerns negligence claims about damage to property or personal injury. These are legal claims which may only be determined by insurers or the court.
6. From the documentation Mr Y has provided, the Council has already contacted its insurer to consider whether Mr Y has a claim for negligence and damages against the Council. Where a Council disputes liability for the costs of the repairs, a complainant may consider pursuing the claim through the courts, potentially through their own insurance or by representing themselves. The courts can decide who is liable for the costs and if necessary, award damages.
7. We are not able to decide liability or award damages. Consequently, any claim for damages, such as costs for repairs, which Mr Y considers the Council to be responsible for, are matters more appropriately dealt with by the courts. We will not investigate this complaint.

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Final decision

8. We will not investigate Mr Y’s complaint because the courts and insurers are better placed to consider the complaint.

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Investigator's decision on behalf of the Ombudsman