Derbyshire County Council (25 022 861)
Category : Transport and highways > Highway repair and maintenance
Decision : Closed after initial enquiries
Decision date : 04 May 2026
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council not paying a compensation claim. This is because the Council has agreed to pay the claim and it is unlikely that further investigation would achieve more for Mr X.
The complaint
- Mr X complains his car was damaged by a pothole and that the Council has not paid his compensation claim within a reasonable timescale. He says this has caused anxiety and inconvenience.
The Ombudsman’s role and powers
- 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:
- further investigation would not lead to a different outcome, or
- there is no worthwhile outcome achievable by our investigation.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
- I considered information provided by Mr X and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X submitted a claim to the Council in February 2024 for damage caused to his car by a pothole. In November 2024, the Council made an offer of £91.67 to settle the claim. Mr X says the Council has not paid the claim.
- In January 2025, Mr X complained to the Council about the delay in paying his claim. The Council said it had not received a completed payment form and asked Mr X to complete one. Mr X says he returned the form.
- The Council has agreed to pay the claim. Once paid, this would provide a sufficient remedy for the complaint. We will not investigate this matter further because it is unlikely we could achieve anything more for Mr X and further investigation is not warranted.
Final decision
- We will not investigate this complaint because the Council has agreed to pay the claim and it is unlikely that further investigation would achieve more for Mr X.
Investigator's decision on behalf of the Ombudsman