Summary: We will not investigate this complaint about the Council’s refusal to pay compensation for damage as this is a matter for the courts.

The complaint

1. Mrs X complains the Council has refused to pay for repairs needed after her car was damaged by a pothole.

Back to top

The Ombudsman’s role and powers

2. 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)

Back to top

How I considered this complaint

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

Back to top

My assessment

5. We are not empowered to determine whether the Council is legally liable for the damage to Mrs X’s car or whether it should pay compensation. Such damage claims can only be decided in court. There is a relatively straight forward and low cost procedure open to anyone to take such action in court and it is reasonable to expect Mrs X to do so. We will not therefore investigate.

Back to top

Final decision

6. We will not investigate Mrs X’s complaint because she can reasonably take action in court for the compensation she seeks.

Back to top

Investigator's decision on behalf of the Ombudsman