Summary: We will not investigate this complaint about damage to Mr X’s car from hitting potholes in the road. This is because it is reasonable for Mr X to pursue his claim for repair costs through the courts. We will not investigate Mr X’s complaint about the Council failing to complete scheduled repair work to several roads because it is premature.

The complaint

1. Mr X complains the Council failed to carry out repairs on several roads where there are extremely high numbers of potholes. He says the Council lied to him by saying it had scheduled dates to carry out the repairs, but it failed to complete them.
2. Mr X says the situation has caused him stress and distress as he has to drive over the potholes every day. He complains the potholes have caused damage to his car and he had to replace one of his tyres. Mr X wants the Council to fill the potholes and offer him compensation.

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The Ombudsman’s role and powers

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)
5. The law says we cannot normally investigate a complaint unless we are satisfied the organisation knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the organisation of the complaint and give it an opportunity to investigate and reply. (Local Government Act 1974, section 26(5), section 34(B)6)

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How I considered this complaint

6. I considered information provided by the complainant and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. Mr X complains his car was damaged by potholes because the Council failed to maintain the road. He says he had to replace a car tyre because of the damage.
9. We cannot decide whether the Council is liable for the damage to Mr X’s car and have no powers to enforce an award of compensation. Mr X may pursue his claim by taking the Council to court. It is reasonable to expect him to do this to achieve the remedy he seeks.
10. We will not investigate Mr X’s complaint about the Council’s failure to carry out scheduled repairs to several roads where there are extremely high numbers of potholes. This is because Mr X has not completed the Council’s complaints process. The Council has sent Mr X its stage one response and said he may ask the Council to consider his complaint at stage two if he remains unhappy. It is open to Mr X to request a stage two response from the Council.
11. If Mr X is unhappy with the Council’s stage two response, Mr X may wish to then make a fresh complaint to the Ombudsman.

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Final decision

12. We will not investigate this complaint about damage to Mr X’s car from hitting potholes in the road. This is because it is reasonable for Mr X to pursue his claim for repair costs through the courts. We will not investigate Mr X’s complaint about the Council failing to complete scheduled repair work to several roads because it is premature.

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Investigator's decision on behalf of the Ombudsman