Summary: We will not investigate this claim for damage to a car. This is because it does not meet the tests in our Assessment Code on how we decide which complaints to investigate. It is reasonable to expect the complainant to go to court.

The complaint

1. In summary, Mr X says his car was damaged after he drove over an unmarked pothole on a road. He would like the Council to reimburse his £118.50 repair costs.
2. Mr X also says he would also like the Council to admit it knew about the pothole and that it delayed repairing the road surface.

Back to top

The Ombudsman’s role and powers

3. We provide a free service but must use public money carefully. We do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
4. 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)

Back to top

How I considered this complaint

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

Back to top

My assessment

6. The Council has denied liability for the damage caused to Mr X’s car. It also denies negligence in not repairing the road surface promptly. It advised Mr X that he could seek legal advice if he wished to pursue his claim further.
7. We will not investigate because the matter of liability for damages is usually decided in the courts. It is reasonable for Mr 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 Mr X is entitled to claim the repair costs.
8. Further, if Mr 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.

Back to top

Final decision

9. I will not investigate. This is because it is reasonable to expect Mr X to go to court to decide the Council’s liability for his claim.

Back to top

Investigator's decision on behalf of the Ombudsman