Summary: We will not investigate this complaint about pothole damage as it is reasonable to expect Mrs X to resort to court action for the compensation she seeks.

The complaint

1. Mrs X complains the Council will not pay for the damage caused to her car by a pothole.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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

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

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My assessment

6. We cannot determine damage claims, that is, decide whether the Council is legally liable for the damage to Mrs X’s car and if it should pay compensation. Ultimately, only the courts can do this. There is a relatively straightforward, low cost procedure open to anyone to seek compensation in court and it is reasonable to expect Mrs X to take such action, if she considers the Council is responsible for the damage caused to her car. For this reason, we will not investigate.

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Final decision

7. We will not investigate Mrs X’s complaint because it is reasonable to expect her to take court action for the compensation she seeks.

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Investigator's decision on behalf of the Ombudsman