Summary: We will not investigate Mr B’s complaint that his car was significantly damaged by a newly re-surfaced road. This is because it is reasonable for Mr B to take the Council to court.

The complaint

1. Mr B complains his car was damaged when a poorly repaired road was re-opened during re-surfacing works. Mr B says his car was damaged beyond economical repair. Mr B would like the Council to pay him compensation for the insurance costs he has incurred because of this incident.

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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 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)

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How I considered this complaint

4. I considered information provided by Mr B.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. We do not normally investigate complaints about damage to property. This is because in effect such complaints are that an organisation has been negligent.
7. Our role is to consider complaints of administrative fault. Negligence claims are best decided by an organisation’s insurers, and if needed, the courts. Only the courts can decide if an organisation was negligent, and if so, make an order for damages. We cannot recommend actions or payments that ‘punish’ an organisation.
8. The Council has responded to Mr B’s compensation claim by saying another body was responsible for these re-surfacing works. If Mr B considers the Council was responsible for the damage to his car then he may pursue his claim by taking the Council to court.
9. The courts are in the best position to decide vehicle damage negligence claims including a dispute about responsibility for highway works.
10. I find it is reasonable for Mr B to take the Council to court. The initial fee for making a claim is relatively modest and such action is proportionate to the extent of the damage to Mr B’s vehicle.
11. So, we will not investigate this complaint.

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Final decision

12. We will not investigate Mr B’s complaint because it is reasonable for him to take the Council to court.

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Investigator's decision on behalf of the Ombudsman