Summary: We will not investigate Mr B’s complaint that the Authority is taking too long to pay his compensation claim after his car was damaged by a pothole. This is because an investigation would not be a good use of our limited resources.

The complaint

1. Mr B complains the Authority’s contractor is taking too long to settle his compensation claim after his car was damaged by a pothole. Mr B would like the contractor to reimburse his repair costs of £135.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
3. It is not a good use of public resources to investigate complaints about claim or complaint procedures, if we are unable to deal with the substantive issue.

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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 generally take the view compensation claims for damage to property 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.
7. We would not normally investigate a complaint solely about an organisation’s handling of a compensation claim. This is because an investigation is unlikely to be a good use of our limited resources or achieve a significant outcome which would justify our involvement.
8. The information suggests the Authority’s contractor intends to settle Mr B’s claim and was in touch with Mr B relatively recently in late November 2025. Any delay is not so excessive that it would justify an investigation by the Ombudsman.
9. So, we will not investigate this complaint.

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Final decision

10. We will not investigate Mr B’s complaint because an investigation would not be a good use of our limited resources.

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Investigator's decision on behalf of the Ombudsman