Summary: We will not investigate Mr X’s complaint about the Council’s decision to refuse his claim for damages after his car hit a pothole. This is because this is a complaint about negligence which is a legal matter for the courts to consider and decide.

The complaint

1. Mr X complains about the Council’s decision to refuse his claim for damages after his car hit a pothole.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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

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

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My assessment

7. Mr X submitted a claim for damages to the Council after his car was damaged when it hit a pothole.
8. The Council has considered Mr X’s claim. It denied liability and explained its reasons for refusing his claim.
9. We will not investigate Mr X’s complaint. This is because it is a complaint about negligence which is a legal matter for the courts to consider and decide. We cannot decide a negligence claim. This involves looking rigorously, and in a structured way at evidence, as only the courts can, to make its findings.
10. We also have no powers to recommend or enforce any award of damages. We cannot recommend actions or payments that ‘punish’ the Council. We would expect someone in Mr X’s position to seek a remedy in the courts, either directly or via his insurers.
11. It is reasonable to expect Mr X to use his right to pursue his claim in the courts if he disagrees with the outcome of his claim and wants to further challenge it. It is not a matter we can decide. Making a claim in the courts is a simple, low cost and accessible process with fees set on a sliding scale depending on the level of the monetary claim. Those on a low income can apply for help with the fees.

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Final decision

12. We will not investigate Mr X’s complaint because it is about a negligence claim which is a legal matter for the courts to consider and decide.

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Investigator's decision on behalf of the Ombudsman