Summary: We will not investigate this complaint about highways maintenance because the courts are better placed to consider this complaint.

The complaint

1. Mr Y complained the Council has failed to respond to his correspondence about an insurance claim he has made after his vehicle was damaged after he drove into a pothole. Mr Y says he wants to include further costs in the claim, including for a loss of earnings.
2. Mr Y says he feels anxious as the matter carries on and says he feels worried about the costs of the repairs and to him as a result of the pothole.

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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)
4. It is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue.

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How I considered this complaint

5. I considered information Mr Y provided and the Ombudsman’s Assessment Code.

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My assessment

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. While Mr Y may be frustrated and anxious about the time so far taken for the insurance claim to be settled, we cannot decide liability, although he says this is admitted, or award damages. If Mr Y is unhappy with the Council’s insurer’s response to his claim, it is for him, if he wishes to pursue the matter, to progress the claim to the courts who are able to consider such issues. Consequently, any claim such as for loss of earnings or for the cost of repairs are more appropriately for the courts to consider. We will therefore not investigate this complaint.
8. As we are not able to investigate the substantive matter, it is not a good use of public funds to investigate how the Council dealt with Mr Y’s complaint and we will not investigate.

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Final decision

9. We will not investigate Mr Y’s complaint because the courts are better placed to consider this complaint.

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Investigator's decision on behalf of the Ombudsman