Dudley Metropolitan Borough Council (26 000 377)
Category : Transport and highways > Highway repair and maintenance
Decision : Closed after initial enquiries
Decision date : 20 Apr 2026
The Ombudsman's final decision:
Summary: We will not investigate Mr B’s complaint that his car was damaged due to the Council’s failure to safely manage works to the highway. This is because it is reasonable for Mr B to pursue his compensation claim by taking the Council to court.
The complaint
- Mr B complains his car was damaged by a large tree branch because of the Council’s failure to safely manage works to the highway. Mr B complains the Council has not accepted responsibility for the damage and has refused his claim for compensation. Mr B would like the Council to accept liability and pay him compensation for his repair costs of £1,900.
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 Act 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 Mr B.
- I considered the Ombudsman’s Assessment Code.
My assessment
- We do not normally investigate complaints about vehicle damage caused by a claimed failure by a local highways authority to maintain a safe highway. This is because in effect such complaints are that an organisation has been negligent. Our role is to consider complaints of administrative fault. Negligence claims are best decided by an organisation’s insurers, and if needed, the courts.
- Mr B has received the Council’s decision on his compensation claim. Mr B may now pursue his claim by taking the Council to court.
- Only a court can decide if the Council was negligent, and if so, enforce an award of damages. We cannot recommend actions or payments that ‘punish’ an organisation.
- So, I would usually expect someone in Mr B’s position to seek a remedy in the courts.
- I find it is reasonable for Mr B to do this and the initial fee for making a claim is relatively modest. Mr B may also seek legal advice about taking the Council to court if needed.
Final decision
- We will not investigate Mr B’s complaint because it is reasonable for him to take the Council to court.
Investigator's decision on behalf of the Ombudsman