Summary: We will not investigate Mr B’s complaint that his car was damaged due to the Authority’s failure to maintain a safe highway. This is because this complaint is late. And, it is reasonable for Mr B to pursue his compensation claim by taking the Authority to court.

The complaint

1. Mr B complains his vehicle was damaged after colliding with a dangerous traffic island which was unmarked and barely visible at night. Mr B complains the Authority’s insurers have refused his compensation claim even though records show this traffic island has been damaged and repaired numerous times in recent years.

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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. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something an authority has done. (Local Government Act 1974, sections 26B and 34D, as amended)
4. 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

5. I considered information provided by Mr B.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. The Authority told Mr B its decision on his compensation claim in February 2025. Mr B complained to us in May 2026. Mr B has not complained to us within 12 months of becoming aware of the issue he complains about and I find there are not good reasons for Mr B’s delay making this complaint. So, the restriction to our powers set out at paragraph 3 of this statement applies to this complaint.
8. But, in any case, we do not normally investigate complaints about vehicle damage due to an alleged failure by an 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.
9. Mr B has received the Authority’s insurer’s decision on his compensation claim. Mr B may now pursue his claim by taking the Authority to court.
10. Only a court can decide if the Authority was negligent, and if so, enforce an award of damages. We cannot recommend actions or payments that ‘punish’ an organisation.
11. 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 Authority to court if needed.
12. So, we will not investigate this complaint.

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Final decision

13. We will not investigate Mr B’s complaint because it is reasonable for him to take the Authority to court.

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Investigator's decision on behalf of the Ombudsman