Hampshire County Council (25 018 477)
Category : Transport and highways > Highway repair and maintenance
Decision : Closed after initial enquiries
Decision date : 24 Nov 2025
The Ombudsman's final decision:
Summary: We will not investigate Mr B’s complaint that his property has been damaged due to the Council’s failure to maintain highway drains. This is because it is reasonable for Mr B to pursue his claim at court.
The complaint
- Mr B complains his driveway has been damaged because of the Council’s failure to maintain highway drains. Mr B says he reported this issue several times but the Council did not properly investigate the matter. Mr B says the Council has wrongly refused to accept responsibility for the damage. Mr B would like the Council to pay him compensation for his repair costs which were £3,800.
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 property damage. 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. 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.
- Mr B has received the Council’s insurer’s decision on his compensation claim. Mr B may now pursue his claim by taking the Council to court.
- I find it is reasonable and proportionate to the seriousness of the issue for Mr B to do this. The initial fee for making a claim is relatively modest and Mr B has told the Council he intends to take such action.
- 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