Derbyshire County Council (26 001 506)
Category : Transport and highways > Highway repair and maintenance
Decision : Closed after initial enquiries
Decision date : 16 Apr 2026
The Ombudsman's final decision:
Summary: We will not investigate Ms B’s complaint that her car was damaged when the Council re-surfaced the road outside her home. This is because it is reasonable for Ms B to pursue her compensation claim by taking the Council to court.
The complaint
- Ms B complains her car was damaged when the Council re-surfaced the road outside her home. Ms B says the Council did not tell her in advance about these works and she was not told she could not park her car in this location. Ms B complains the Council has wrongly refused her claim for compensation for the damage to her car.
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 Ms B.
- I considered the Ombudsman’s Assessment Code.
My assessment
- We do not normally investigate complaints about damage to property. 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. Only the courts can decide if an organisation was negligent, and if so, make an order for damages. We cannot recommend actions or payments that ‘punish’ an organisation.
- Ms B has received the Council’s decision on her compensation claim. Ms B may pursue her claim by taking the Council to court. I find it is reasonable for Ms B to do this.
- The initial fee is relatively modest and Ms B may seek legal advice if needed. Also, only a court can decide if the Council was negligent and make an order for damages.
- So, we will not investigate this complaint.
Final decision
- We will not investigate Ms B’s complaint because it is reasonable for her to take the Council to court.
Investigator's decision on behalf of the Ombudsman