Summary: We will not investigate Mr X’s complaint about highway disrepair. This is because the injustice he claims lies in damage to his motorcycle and if he believes the Council is responsible for this it would be reasonable for him to make a claim against the Council at court.

The complaint

1. The complainant, Mr X, complains the Council was negligent and should be held liable for damage to his motorcycle which he believes results from its failure to properly maintain the public highway.

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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 Mr X and the Ombudsman’s Assessment Code.

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My assessment

5. There is no doubt Mr X suffered damage to his motorcycle; he has provided an estimate which states the cost of repairing the damage, which is more than £400.
6. But whether the Council is liable for the damage is a legal issue. It requires interpretation of the law to determine whether the Council fulfilled its duty under the Highways Act 1980 and whether it is entitled to rely on the special defence provided by the legislation. There may also be other factors, such as whether Mr X has any responsibility for the damage. These are matters for the courts rather than for us.
7. If therefore Mr X wishes to pursue this matter it would be reasonable for him to make a claim against the Council at court.

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Final decision

8. We will not investigate this complaint. This is because it would be reasonable for Mr X to take the matter to court.

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Investigator's decision on behalf of the Ombudsman