Summary: We will not investigate Mr B’s complaint that his car was damaged due to the Council’s failure to maintain a highway. This is because this complaint is late and it is reasonable for Mr B to take the Council to court.

The complaint

1. Mr B complains his car was damaged by the kerb stone of a ‘keep left’ sign which the Council had failed to illuminate or maintain. Mr B says the Council’s insurers wrongly rejected his claim for compensation. Mr B would like the Council to pay him compensation for his repair costs which were over £800.

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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. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
4. 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

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

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My assessment

7. Mr B received the Council’s insurer’s decision on his compensation claim in December 2023. Mr B complained to us in November 2025. Mr B has not complained to us within 12 months of becoming aware of the issue he complains about. I have not seen any information to suggest there are good reasons for Mr B’s delay making this complaint. So, the restriction to our powers set out at paragraph 3 of this statement applies to this complaint.
8. But in any case, 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.
9. Our role is to consider complaints of administrative fault. Negligence claims are best decided by an organisation’s insurers, and if needed, the courts.
10. 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.
11. 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.
12. So, even if I accepted Mr B could not have made this complaint before now, we would still not investigate this complaint.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman