London Borough of Camden (25 028 642)
Category : Transport and highways > Highway repair and maintenance
Decision : Closed after initial enquiries
Decision date : 01 Jun 2026
The Ombudsman's final decision:
Summary: We will not investigate Mrs X’s complaint the Council has failed to properly maintain a public highway in its area, causing damage to her car. This is because it is reasonable for Mrs X to take the matter to court.
The complaint
- The complainant, Mrs X, complained the Council failed to maintain a public highway in its area causing damage to her vehicle. Mrs X wants the Council to pay for the damages.
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 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)
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mrs X’s complaint is that the Council has been negligent by failing to properly maintain the public highway. We look at each case individually, but we do not normally investigate such complaints. This is because our role is to consider complaints of administrative fault.
- Negligence claims are best decided by an organisation’s insurers, and if needed, the courts. We would normally expect a person who is seeking damages to put in a claim to the organisation’s insurers, and if needed, pursue their claim at court.
- Mrs X has now received the Council’s decision on her claim. Mrs X may now pursue her claim by taking the Council to court.
- It is reasonable for Mrs X to take the Council to court. The initial fee for making a claim is relatively modest and the courts can given Mrs X the outcome she wants. The Ombudsman cannot and so we will not investigate.
Final decision
- We will not investigate Mrs X’s complaint because it is reasonable for her to take the matter to court.
Investigator's decision on behalf of the Ombudsman