Summary: We will not investigate Miss B’s complaint about difficulties she experienced trying to put in a compensation claim to the Council. This is because an investigation is unlikely to achieve a worthwhile outcome.

The complaint

1. Miss B complains she has been trying to put in a compensation claim to the Council after her car was damaged by a pothole. Miss B says the Council delayed providing her with a claim form and later did not confirm it had received her completed form. Miss B also says the Council has failed to respond to her contacts and complaint about this matter.

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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 an investigation if we decide there is no worthwhile outcome achievable by our investigation.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered information provided by Miss B.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The Council has now responded to Miss B’s complaint and apologised for the delays Miss B experienced. More recently the Council has also confirmed it has now passed Miss B’s claim form to the Council’s insurers for consideration.
6. An investigation by the Ombudsman is unlikely to add to the actions already undertaken by the Council. So, an investigation is not justified.

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Final decision

7. We will not investigate Miss B’s complaint because an investigation would not achieve a worthwhile outcome.

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Investigator's decision on behalf of the Ombudsman