Summary: We will not investigate Mr X’s claim for damages to his 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 Mr X to take his claim to court.

The complaint

1. In summary Mr X says his car was damaged when he drove over a broken drain cover on a Council maintained road. Mr X would like the Council to apologise, accept responsibility and uphold his claim.
2. Mr X also complains about the delays in the administration of his claim and the lack of assistance from the Council in liaising with its insurers effectively.

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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)

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How I considered this complaint

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

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My assessment

6. Mr X says the fact that repairs were undertaken to the drain cover after he complained evidences the credibility of his claim.
7. The Council’s insurers have denied the Council is liable.
8. The Council as a local highways authority has a statutory duty to maintain roads. The Council is expected to routinely monitor the state of highways and carry out repairs where necessary. But, the level of maintenance, frequency of inspection, and threshold for repair is not set out in law and is open to interpretation.
9. In terms of Mr X claiming reimbursement for his repair costs, we would normally expect him to pursue this via the courts. This is because it is essentially a negligence claim, and only the courts can decide if the Council is liable for any damages. Further, the courts would have the power to award damages against the Council. The Ombudsman has no such power. So, we will not investigate as it is reasonable to expect Mr X to take his claim to the small claims court.
10. With respect to the delay in determining Mr X’s claim and other administrative issues, we will not investigate. This is because it is not a good use of public resources to investigate complaints about side issues if we are not considering the substantive matter.

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Final decision

11. 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.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman