London Borough of Richmond upon Thames (23 019 396)
Category : Transport and highways > Highway repair and maintenance
Decision : Closed after initial enquiries
Decision date : 26 Mar 2024
The Ombudsman's final decision:
Summary: We will not investigate this complaint about highway repair because the courts and insurers are better placed to consider this complaint.
The complaint
- Mr Y complained the Council failed to repair the highway outside his home. Mr Y says this has led to him needing to carry out repairs costing him over £7,000 which he would like to be reimbursed with by the Council.
The Ombudsman’s role and powers
- We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
- I considered information Mr Y provided and the Ombudsman’s Assessment Code.
My assessment
- Mr Y says he has spent £7,000 to carry out repairs despite having reported the issue on the highway to the Council several times. He started a negligence claim to have the costs paid to him in November 2023.
- The legislation from which the Ombudsman takes their power also places some restrictions on what we may investigate. One of these concerns negligence claims about damage to property or personal injury. These are legal claims which may only be determined by insurers or the courts.
- We are not able to decide liability or award damages. Consequently, any claim for damages, such as costs for repairs, which Mr Y considers the Council to be responsible for, are matters more appropriately dealt with by the courts, especially as Mr Y has already begun the claims process. He may also wish to contact his own home insurer about the matter. We will not investigate this complaint.
Final decision
- We will not investigate Mr Y’s complaint because the courts and insurers are better placed to consider it.
Investigator's decision on behalf of the Ombudsman