Summary: We will not investigate Mr X’s complaint about the Council’s decision to refuse his claim for damages after his car hit a pothole. This is because this is a complaint about negligence which is a legal matter for the courts to consider and decide.

The complaint

1. The complainant, Mr X, complains the Council has refused his claim for damages after his car hit a pothole. He also complains about the handling of his claim.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect 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 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)
3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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)

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How I considered this complaint

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

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My assessment

7. Mr X submitted a claim for damages to the Council after his car was damaged when it hit a pothole.
8. The Council’s insurers have considered Mr X’s claim. It has denied liability and set out its reasons for refusing the claim.
9. Mr X says information provided in response to his claim is contradictory and it has not provided documents he requested.
10. We will not investigate Mr X’s complaint. This is because this is a complaint about negligence which is a legal matter for the courts to consider and decide. We cannot decide a negligence claim or make a ruling on whether the Council is liable for Mr X’s losses. Only the courts can decide if an organisation has been negligent and, if so, whether any damages sought should be awarded and at what level.
11. If Mr X disagrees with the Council’s decision to refuse his claim and wishes to pursue it further it is reasonable to expect him to use his right to make his claim in the small claims court. Making a claim is a simple, low cost and accessible process. Those on a low income can apply for help with the fees which are set on a sliding scale depending on the level of the monetary claim.
12. We will not investigate Mr X’s complaint about the Council not responding to him or providing documents he requested. We do not consider complaint handling issues such as this in isolation where we are not also considering the substantive matter. This is because it is not a good use of our limited public funds for us to do so. If Mr X’s requests for documents remain unanswered he can make a complaint to the Information Commissioner’s Office. It is the body best placed to consider complaints about data matters.

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Final decision

13. We will not investigate Mr X’s complaint because it is about negligence which is a legal matter for the courts to consider and decide.

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Investigator's decision on behalf of the Ombudsman