Summary: We will not investigate this complaint about a compensation claim against the Council as this is a matter for the courts.

The complaint

1. Mrs X complained to the Council about a several month delay in it responding to her claim for compensation for damage caused to her car by a pothole. Mrs X wants the Council to pay for her repairs.

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The Ombudsman’s role and powers

2. 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)
3. The law says that, before investigating a complaint, we must normally be satisfied the Council has been given an opportunity to consider it and reply.

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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 damage claims. Ultimately, only the courts can decide if the Council is legally liable for the damage to Mrs X’s car and if it should pay compensation to her. There is a simple, low-cost procedure open to anyone to make a money claim in court and we consider it is reasonable to expect Mrs X to resort to such action. Given this, and as we cannot provide the remedy Mrs seeks, we will not investigate this aspect of the complaint.
7. Mrs X complained to the Council at the end of October 2023 about the delay. As per paragraph three, we must allow the Council the chance to respond before we would assess this aspect of the complaint.

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Final decision

8. We will not investigate Mrs X’s complaint because she can take court action for the compensation she seeks, and the Council has not yet addressed the complaint about delay.

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Investigator's decision on behalf of the Ombudsman