Northumberland County Council (26 004 929)
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 this complaint about damage to a car. This is because it is reasonable to expect the complainant to go to court.
The complaint
- Mr X, who is represented by Miss Y, complains about the actions of the Council when they reported a pothole had damaged Mr X’s car. Miss Y seeks reimbursement for the cost of Mr X’s replacement tyre.
- Miss Y also says the Council failed to repair the pothole despite it being reported on three occasions before it damaged Mr X’s 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 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 Miss Y and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- The Council has investigated Miss Y’s complaint. It says the ‘defect’ was assessed, a 14‑day repair timescale was assigned in accordance with policy, and additional reports did not alter the assessed risk. The Council states its records show the repair was completed before it is alleged to have damaged Mr X’s car. It denies liability for the damage to Mr X’s car.
- We will not investigate this complaint. This is because Miss Y can take her claim for damages to court and it is reasonable to expect her to do this. Only the courts can decide whether the Council has maintained the highway properly or is liable for any damage to property due to a failure to repair the highway. The law also gives the Council the right to defend in court against any claims. It is therefore reasonable for Miss Y to go to court and so I will not investigate.
Final decision
- We will not investigate Miss Y’s complaint because it is reasonable to expect her to go to court.
Investigator's decision on behalf of the Ombudsman