Nottinghamshire County Council (24 008 493)
Category : Transport and highways > Highway repair and maintenance
Decision : Closed after initial enquiries
Decision date : 24 Sep 2024
The Ombudsman's final decision:
Summary: We will not investigate Miss X’s complaint about the Council’s decision to refuse her claim for damages after her 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
- The complainant, Miss X, complains her car was damaged when it hit a pothole and the Council has refused her claim for damages.
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 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)
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- 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 and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Miss X submitted a claim for damages to the Council after her car was damaged when it hit a pothole.
- The Council has considered and decided Miss X’s claim. It denies liability.
- We will not investigate this 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 any ruling on whether Miss X’s losses were caused by the Council’s negligence. Only the courts can make such a ruling and if so, decide whether to award any damages Miss X seeks.
- It is reasonable to expect Miss X to use her right to pursue her claim in the courts if she considers the Council to be liable for the damage to her car. Making a claim in the small claims court is a simple, low cost and accessible process.
Final decision
- We will not investigate Miss X’s complaint because it is about negligence which is a legal matter for the courts to decide.
Investigator's decision on behalf of the Ombudsman