Leeds City Council (26 002 051)
Category : Transport and highways > Highway repair and maintenance
Decision : Closed after initial enquiries
Decision date : 12 Jul 2026
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s handling of Mrs X’s request for compensation after her car was damaged. This is because it is reasonable to expect Mrs X to go to court.
The complaint
- In short, Mrs X complains about the Council’s failure to reimburse her £200 insurance excess after her car was damaged, allegedly due to debris on the highway.
- Mrs X says she has been caused financial loss, frustration and stress.
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 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)
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mrs X says she has submitted a claim to the Council, with supporting evidence, demonstrating the Council’s responsibility for the damage. Her complaint is that the Council has failed to adequately to respond to her claim and has not paid compensation.
- We will not investigate. This is because it concerns a claim for damage to private property and compensation arising from that alleged damage. The courts are best placed to determine legal liability for damage and if compensation is payable. The Ombudsman cannot decide any negligence by the Council or compel the payment of damages in the way a court can. Therefore, it is reasonable to expect Mrs X to go to court to seek recovery for her financial loss.
- I have considered if there are any separate issues that the Ombudsman can look at. While Mrs X is dissatisfied with the Council’s lack of responses, we will not investigate this separately as a side issue, when we are not looking at the core complaint. This is because it would not be proportionate to do so.
Final decision
- We will not investigate Mrs X’s complaint because it is reasonable to expect her to take her compensation claim to court.
Investigator's decision on behalf of the Ombudsman