Summary: We will not investigate this complaint about the Council's handling of a pothole damage claim as there is insufficient remaining injustice caused to the complainant to warrant our further involvement.

The complaint

1. Miss X complains about difficulties she experienced when she made a claim to the Council after her car was damaged by a pothole. Miss X feels the Council lied to her when it rejected her claim and is unhappy that she was put to time and trouble in challenging its decision. Miss X also feels the Council did not properly investigate the complaint she subsequently made about its service. The Council has paid for the repair, but Miss X feels it should make a further financial payment to her in recognition of the distress she experienced.

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The Ombudsman’s role and powers

2. 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 any injustice is not significant enough to justify our involvement (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered the Ombudsman’s Assessment Code.

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My assessment

4. In its communications with Miss X about her claim, and in its complaint responses, the Council acknowledged there had been administrative errors with how it had handled the claim, and in recognition of this, it settled the matter, paying Miss X’s repair costs of £200, without admitting liability. The Council apologised that Miss X had not been made aware of the errors sooner and advised that the issues her case had raised would be rectified in future claims handling.
5. While I recognise Miss X remains dissatisfied with what took place, from our perspective, there is insufficient remaining injustice caused to her to justify our further involvement. An investigation by us would not meaningfully add to what the Council has already said and done. We have limited resources and must direct them to the most serious cases. This is not such a case.

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Final decision

6. We will not investigate Miss X’s complaint because there is insufficient remaining injustice caused to her to justify our further involvement.

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Investigator's decision on behalf of the Ombudsman