London Borough of Barnet (23 019 322)
Category : Transport and highways > Highway repair and maintenance
Decision : Closed after initial enquiries
Decision date : 01 Mar 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, Mrs X says her car tyre was damaged due to a pothole on a road. She would like the Council to reimburse her for the cost of repairs.
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 Mrs 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 Mrs X is entitled to claim the cost of repairs to his car.
- Further, if Mrs X or any other resident is concerned about a particular highway being in disrepair, there is a legal process available to use. The person affected can apply to the magistrates court for an order to be made under section 56 of the Highways Act 1980. This order requires the highways authority to carry out the work needed to the highway. The courts are in the best position to decide whether a local highways authority has met its statutory duty to maintain a highway.
Final decision
- I will not investigate. This is because it is reasonable to expect Mrs X to go to court to decide the Council’s liability for her claim.
Investigator's decision on behalf of the Ombudsman