Summary: We will not investigate this complaint about the Council's handling of a claim for damage to a vehicle caused by a pothole as ultimately this is a matter for the courts.

The complaint

1. Mr X complains the Council refused his claim for compensation after his vehicle was damaged by a pothole. Mr X complains the Council and its insurer used incorrect information in assessing his claim.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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)

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How I considered this complaint

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

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My assessment

6. Only the courts can decide if the Council is legally liable for the damage to Mr X’s vehicle and whether it should pay compensation to him. There is a relatively simple, low-cost procedure open to anyone to make a money claim in court. It is reasonable therefore to expect Mr X to take such action either directly or through his insurers.
7. We will not investigate the Council's handling of the claim in isolation given that ultimately this is a matter for the courts, and we cannot provide the outcome sought, that is, compensation for the damage.

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Final decision

8. We will not investigate Mr X’s complaint because it is reasonable to expect him to take court action for the compensation he seeks.

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Investigator's decision on behalf of the Ombudsman