Summary: We will not investigate this complaint about pothole damage as it is reasonable to expect the complainant to resort to court action for the compensation he seeks.

The complaint

1. Mr X complained the Council has denied liability for damage to his car from a pothole. Mr X says this has caused him financial strain and inconvenience and he wants the Council to pay compensation.

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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 the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. We cannot determine if the Council is legally liable for the damage to Mr X’s car or if it should pay compensation to him. Ultimately, this can only be decided in court. Parliament has provided a procedure whereby anyone can make a money claim in the court and Mr X should be able to obtain free legal advice about this. It is reasonable therefore to expect Mr X to resort to court action if he considers the Council is liable. We will not therefore investigate.

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Final decision

7. We will not investigate Mr X’s complaint because it is reasonable to expect him to resort to court action for the compensation he seeks.

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Investigator's decision on behalf of the Ombudsman