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. We do not investigate councils’ complaint handling alone where we are not investigating the core issues which gave rise to the complaint.

The complaint

1. Mr X complains about the Council’s handling of his claim for damages after his car hit a pothole, including poor communication during the process. He also complains about the Council’s complaint handling. Mr X says this caused him frustration and disappointment, as well as feeling disrespected.

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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 we decide 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 and the Council.
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’s Insurance team considered Mr X’s claim. It has denied liability and set out its reasons for refusing the claim. It rejected Mr X’s subsequent appeal.
9. Mr X says the inspection reports relied on by the Council in its defence are unreliable and missing data. He complains the Council’s Insurance team has refused to discuss and resolve his claim by phone. These matters concern the disagreement about whether the Council was liable for damage to Mr X’s car.
10. We will not investigate Mr X’s complaint. This is because this is a complaint about negligence which is a legal matter for the courts to consider and decide. We cannot decide a negligence claim or make a ruling on whether the Council is liable for Mr X’s losses. Only the courts can decide if the defence relied on by the Council applies and whether the Council has been negligent. Further, unlike the courts, we have no power to decide whether any damages sought should be awarded and at what level. It is reasonable to expect Mr X to take the matter to court.
11. I recognise Mr X also raises issues about the claim and complaint handling. We will not investigate these matters because, 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

12. 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