Somerset Council (26 003 727)
Category : Transport and highways > Highway repair and maintenance
Decision : Closed after initial enquiries
Decision date : 14 Jul 2026
The Ombudsman's final decision:
Summary: We will not investigate Mr X’s complaint that his car was damaged by a pothole. This is because it is reasonable for Mr X to pursue his compensation claim by taking the Council to court.
The complaint
- Mr X complains the Council failed to maintain the road properly and says his car was damaged by a pothole. He wants the Council to reimburse his expenses and repair costs.
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 X and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- 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.
- Mr X complains his car was damaged by a pothole because the Council failed to maintain the road. He says Council records show it failed to maintain a reasonable inspection regime, with a 61-day gap between inspections.
- The Council has rejected his complaint, saying it was an insurance matter.
- We cannot decide whether the Council has complied with its duty under Section 41 of the Highways Act. Any dispute about the Council’s liability for the damage is for the courts. 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. For these reasons, we will not investigate this complaint.
Final decision
- We will not investigate Mr X’s complaint because it is reasonable for him to pursue his compensation claim by taking the Council to court.
Investigator's decision on behalf of the Ombudsman