Summary: We will not investigate this complaint about a highway maintenance claim because the court is better placed to deal with her complaint and it is reasonable to expect her to go to court about the issue.

The complaint

1. Miss Y complained the Council has failed to respond to her claim for costs of repairs to her vehicle after it was damaged by a pothole. Miss Y says the issue has caused her upset and her vehicle was left damaged.

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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 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))
3. 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)

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How I considered this complaint

4. I considered information Miss 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. We cannot determine liability claims for negligence. These are legal claims which may only be determined by insurers or the courts.
6. While Miss Y’s complaint is about the Council’s failure to provide its response to her claim, this is part of a legal process which we are unable to act on. Where the Council has not responded it is for Miss Y to take the matter to the courts to resolve, as the courts can decide liability or award damages, where we cannot. This is the best way for Miss Y to progress her claim. Consequently, the courts are better placed to deal with this matter and as it can make reasonable adjustments and is the way to progress the issues, we consider it reasonable for Miss Y to approach the court to pursue her claim. We will not investigate.

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Final decision

7. We will not investigate Miss Y’s complaint because the court is better placed to deal with her complaint and it is reasonable to expect her to go to court about the issue.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman