North Northamptonshire Council (25 017 279)
Category : Transport and highways > Highway repair and maintenance
Decision : Closed after initial enquiries
Decision date : 11 Nov 2025
The Ombudsman's final decision:
Summary: We will not investigate Mr B’s complaint that his car was damaged by loose road chippings. This is because it is reasonable for Mr B to pursue his compensation claim by taking the Council to court.
The complaint
- Mr B complains his car was damaged by loose road chippings after the Council re-opened a newly re-surfaced road too soon and before the road had been swept. Mr B says the Council has wrongly refused his compensation claim for the excess on his car insurance of £115 which he had to pay.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- The Act 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)
How I considered this complaint
- I considered information provided by Mr B.
- I considered the Ombudsman’s Assessment Code.
My assessment
- We do not normally investigate complaints about vehicle damage caused by highway disrepair. This is because in effect such complaints are that an organisation has been negligent. Our role is to consider complaints of administrative fault. Negligence claims are best decided by an organisation’s insurers, and if needed, the courts.
- Mr B may pursue his claim by taking the Council to court. Deciding whether an organisation has been negligent usually involves looking rigorously, and in a structured way at evidence as only the court can to make its findings. Also, unlike the courts, we have no powers to enforce an award of damages.
- So, I would usually expect someone in Mr B’s position to seek a remedy in the courts. I find it is reasonable for Mr B to do this. The initial fees are relatively modest and help with fees is available for people on a low income.
- So, we will not investigate this complaint.
Final decision
- We will not investigate Mr B’s complaint because it is reasonable for him to take the Council to court.
Investigator's decision on behalf of the Ombudsman