Summary: We will not investigate this complaint about highway repair and maintenance because the court is better placed to consider the issues raised.

The complaint

1. Miss Y complained the Council has failed to respond to her claim for personal injury following a car accident she had in 2023, which she says was caused by poor road conditions.
2. Miss Y says she was injured in the accident and is seeking compensation for medical bills and upset due to the Council’s delayed response.

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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, section 34(B))

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How I considered this complaint

4. I considered information Miss Y provided and the Ombudsman’s Assessment Code.

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My assessment

5. 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.
6. We are not able to decide liability or award damages. Consequently, any claim for damages, such as costs of medical treatment or other personal injury needs, which Miss Y considers the Council to be responsible for, are matters more appropriately dealt with by the courts.
7. Miss Y has now made a claim to the Council for the costs of her medical treatment, it is for the Council to respond but this can take time. If Miss y wishes to pursue the claim, she would need to seek independent legal advice or go directly to the court. The court can the decide liability and any subsequent damages, where we cannot. We will not investigate this complaint.

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Final decision

8. We will not investigate Miss Y’s complaint because the court is better placed to consider the issues raised.

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Investigator's decision on behalf of the Ombudsman