Summary: We will not investigate this complaint about damage caused to Mr X’s car from the poor condition of a road maintained by the Council. This is because it is reasonable to expect Mr X to go to court to determine any Council liability.

The complaint

1. In summary, Mr X says Mr X says his car was damaged due to the poor condition of a Council’s road. He would like the Council to compensate him for the cost of 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)

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How I considered this complaint

3. I considered information provided by the complainant. And I considered the Ombudsman’s Assessment Code.

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My assessment

4. I will not investigate because the matter of liability for damages is usually decided in the courts.
5. I see no good reason why Mr X cannot take this matter to court. The court can decide liability and if Mr X is entitled to claim the costs claimed. There is a simple procedure in the county court for dealing with small claims. Usually, solicitors are not required and the only costs will be minimal court fees.

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Final decision

6. I will not investigate. It is reasonable to expect Mr X to go to court to decide the Council’s liability for his claim.

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Investigator's decision on behalf of the Ombudsman