London Borough of Bexley (23 016 226)
Category : Transport and highways > Highway repair and maintenance
Decision : Closed after initial enquiries
Decision date : 23 Jan 2024
The Ombudsman's final decision:
Summary: We will not investigate this claim for damage to a car. This is because it is reasonable for the complainant to go to court.
The complaint
- In summary, Mr X says his car tyre and alloys were damaged due to a pothole on a road. He would like the Council to reimburse him for the cost of repairing his car.
The Ombudsman’s role and powers
- 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. I considered the Ombudsman’s Assessment Code.
My assessment
- We will not investigate because the matter of liability for damages is usually decided in the courts.
- It is reasonable for Mr X to take the matter to the small claims court. The court is best placed to decide if the Council is liable for the damage and if Mr X is entitled to claim the cost of repairs to his car.
Final decision
- I will not investigate. This is because it is reasonable to expect Mr X to go to court to decide the Council’s liability for his claim.
Investigator's decision on behalf of the Ombudsman