Summary: We will not investigate Mr X’s complaint that his car was damaged during Council highway works. This is because it is reasonable for Mr X to pursue the matter through the courts.

The complaint

1. Mr X complains his car was damaged by Council works to the highway. He wants the Council to reimburse the repair costs.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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)

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How I considered this complaint

4. I considered information provided by Mr X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Section 41 of the Highways Act 1980 places a duty on highway authorities to maintain public highways. Highway authorities are expected to routinely monitor the state of highways for which they are responsible and to carry out repairs where necessary.
7. Mr X complains his car was damaged by Council works to the highway. He submitted a claim in February 2026. The Council refused the claim and said it was not liable for the damage. It said the Council’s highways maintenance contractor was responsible for handling insurance claims.
8. We cannot decide whether the Council is liable for the damage to Mr X’s car and have no powers to enforce an award of damages. Mr X may pursue his claim by taking the Council to court and I have seen nothing to show it would be unreasonable to expect him to do so.

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Final decision

9. We will not investigate Mr X’s complaint because it is reasonable for him to pursue his claim for repair costs by taking the Council to court.

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Investigator's decision on behalf of the Ombudsman