Summary: We will not investigate this complaint about highway maintenance and repair because the courts are better placed to consider the complaint and it is reasonable to expect Mr Y to approach the courts.

The complaint

1. Mr Y has complained the Council failed to repair a pothole, which later caused his vehicle to be damaged, including a burst tyre. Mr Y says the repair cost him £1,075 which he is seeking to have reimbursed.

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The Ombudsman’s role and powers

2. 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)
3. 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 there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

4. I considered information Mr Y provided and the Ombudsman’s Assessment Code.

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My assessment

5. The legislation from which the Ombudsman takes their power also places some restrictions on what we may investigate. One of these concerns negligence claims about damage to property or personal injury. These are legal claims which may only be determined by insurers or the courts.
6. We are not able to decide liability or award damages. Consequently, any claim for damages, such as costs for repairs to his vehicle, which Mr Y considers the Council to be responsible for, are matters more appropriately dealt with by the courts. It is therefore reasonable for Mr Y to pursue his claim through either his insurer or the courts. We will not investigate this complaint.

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Final decision

7. We will not investigate Mr Y’s complaint because the courts are better placed to consider the complaint and it is reasonable to expect Mr Y to approach the courts.

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Investigator's decision on behalf of the Ombudsman