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

The complaint

1. Mr Y complained the Council failed to maintain the surface of one of its Council owned car parks. Mr Y says this led to damage to his vehicle, costing him £40 to repair.

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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 and the Council provided and the Ombudsman’s Assessment Code.

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My assessment

4. 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 courts.
5. Mr Y’s injustice largely relates to the damage to his vehicle and the costs to repair it. Mr Y has made a claim to the Council for this, and his claim remains ongoing.
6. 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 insurers involved and if necessary, the courts. We will not investigate this complaint.

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Final decision

7. We will not investigate Mr Y’s complaint because the courts are better placed to consider this complaint.

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Investigator's decision on behalf of the Ombudsman