Summary: We will not investigate this complaint about highway maintenance because there is another body better placed to deal with the complaint.

The complaint

1. Miss Y complained the Council has not reimbursed her fully for having to miss an appointment costing her £40 after she hit a pothole, despite admitting liability for the car repairs needed after the incident.
2. Miss Y says she is now £40 out of pocket because of the pothole.

Back to top

The Ombudsman’s role and powers

3. 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))

Back to top

How I considered this complaint

4. I considered information Miss Y provided and the Ombudsman’s Assessment Code.

Back to top

My assessment

5. Miss Y say her vehicle was damaged when she drove over a pothole. She made a claim to the Council’s insurers, who she says accepted liability and have agreed to pay for the repairs and other costs associated with her vehicle. However, Miss Y also made a claim for £40 for the costs of a missed appointment, following the accident. The Council has not accepted liability for this further cost. Miss Y is unhappy with this and so came to us.
6. 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. We cannot determine liability claims for negligence. These are legal claims which may only be determined by insurers or the courts.
7. Miss Y has made a claim to the Council for the cost of the repairs, which has been accepted but the claim for the further costs of £40 has been rejected. If Miss Y wishes to dispute the claim further, it is for her to approach the courts to do so.
8. This is because we cannot decide liability or award damages, while the courts can. Consequently, any claim for damages, such as costs for a missed appointment, which Miss Y considers the Council to be responsible for, are matters more appropriately dealt with by the courts. We will not investigate this complaint.

Back to top

Final decision

9. We will not investigate Miss Y’s complaint because there is another body better placed to deal with the complaint.

Back to top

Investigator's decision on behalf of the Ombudsman