Summary: We will not investigate this complaint about the Council’s handling of Mr X’s claim for damages as ultimately this is a matter for the courts.

The complaint

1. Mr X complains the Council has delayed in responding to his claim for compensation for damage he says was caused to his car by a pothole. Mr X also complains the Council lost the investigation report and when Mr X complained about this, he received no response. The Council subsequently rejected Mr X’s claim. Mr X wants the Council to meet his claim and improve its processes.

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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)
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 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

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

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My assessment

7. We cannot determine damage claims. Such matters can only, ultimately be decided in court. There is a relatively simple, low-cost procedure open to Mr X to take his case to court and it is reasonable to expect him to do so directly or via his insurers to achieve the compensation he seeks. We will not therefore investigate.
8. I recognise Mr X also raises issues about the claim and complaint handling, but we will not investigate these as in isolation they do not cause Mr X a level of injustice that would warrant our further involvement, bearing in mind we cannot investigate the substantive issue nor secure the compensation he seeks.

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Final decision

9. We will not investigate Mr X’s complaint because it is ultimately a matter for the courts.

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Investigator's decision on behalf of the Ombudsman