Summary: We will not investigate this complaint about highway maintenance because it is reasonable to expect Mr Y to approach the courts about the matter, who are better placed to consider the complaint.

The complaint

1. Mr Y complained the Council has failed to respond to his negligence claim, in which he says his vehicle was damaged and in need of repair.
2. Mr Y says he had to use his savings to pay for repairs to his vehicle as a result of the damage.

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The Ombudsman’s role and powers

3. 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)
4. 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, or

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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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. We are not able to decide liability or award damages. Consequently, any claim for damages, such as costs for repairs to his vehicle, which Mr Y considers the Council to be responsible for, are matters more appropriately dealt with by the courts.
8. There might be some cost to court action, including through the small claims court for cases such as this. However, that does not mean it is unreasonable to take court action. There is often financial assistance to those of a low income from HM Courts and Tribunal Service and Mr Y can ask the court to include any costs he incurs within his claim. Also, reasonable adjustments can be made for access to the service if necessary.
9. It is therefore reasonable for Mr Y to be expected to use his right to go to court about this matter and the court are better placed than the Ombudsman to consider the issue. We will not investigate this complaint.

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Final decision

10. We will not investigate Mr Y’s complaint because it is reasonable to expect Mr Y to approach the courts about the matter, who are better placed to consider the complaint.

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Investigator's decision on behalf of the Ombudsman