Summary: We will not investigate this complaint about a claim for damage to the complainant’s motor vehicle. This is because the complainant has an alternative legal remedy, to pursue a claim of negligence through the courts. Only the courts can decide whether the Council was negligent. It is therefore reasonable to expect them to use their legal remedy.

The complaint

1. X complains that the Council has delayed responding to their claim for compensation for damage to their vehicle, which they say was caused by a pothole.

Back to top

The Ombudsman’s role and powers

2. 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)
3. Negligence claims and interpreting the law around civil liability are generally best decided by a court where the Council does not accept insurance liability. Only a court can decide whether the problem should have been dealt with by the Council before it caused damage to a person’s property, or if it is liable to pay damages for a person’s loss.
4. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide any injustice is not significant enough to justify our involvement. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

Back to top

How I considered this complaint

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

Back to top

My assessment

7. We cannot determine damage claims. Such matters can only be decided in court. There is a relatively simple, low-cost procedure open to X to take their case to court and it is reasonable to expect them to do so directly or via their insurers to achieve the compensation they seek. Therefore, we will not investigate.
8. I recognise X raises issues about the claim and complaint handling. We will not investigate these because, in isolation, they have not caused X a level of injustice that would warrant our further involvement, bearing in mind we cannot investigate the substantive issue nor secure the compensation X seeks.

Back to top

Final decision

9. We will not investigate X’s complaint because they have a legal remedy through the courts that it is reasonable for them to use.

Back to top

Investigator's decision on behalf of the Ombudsman