Brighton & Hove City Council (25 004 079)
Category : Transport and highways > Highway repair and maintenance
Decision : Closed after initial enquiries
Decision date : 04 Jun 2025
The Ombudsman's final decision:
Summary: We will not investigate this complaint about highway maintenance because there is another body better placed to consider the complaint.
The complaint
- Mr Y complained the Council has refused his claim for damages after his vehicle was damaged by wrongly installed speed bumps in a car park, he says the Council is responsible for. Mr Y also complained about the Council’s complaint handling.
The Ombudsman’s role and powers
- 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, section 34(B))
- 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.
How I considered this complaint
- I considered information Mr Y provided and the Ombudsman’s Assessment Code.
My assessment
- 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.
- Mr Y has submitted a claim against the Council for damage to his vehicle. The Council’s insurer has rejected his claim. We are not able to decide liability or award damages. Consequently, any claim for damages, such as costs for repairs, which Mr Y considers the Council to be responsible for, are matters more appropriately dealt with by the courts. Mr Y may wish to seek legal advice about pursuing his claim. We will not investigate this complaint.
- As we are not investigating the substantive complaint, it is not a good use of public resources to investigate how the Council dealt with Mr Y’s complaint. We will not investigate this complaint.
Final decision
- We will not investigate Mr Y’s complaint because there is another body better placed to consider the complaint.
Investigator's decision on behalf of the Ombudsman