Summary: We will not investigate this complaint about a claim for damages to Mr X’s motor vehicle. This is because Mr X has a right to pursue a claim of negligence through the courts. Only the courts can decide whether the Council was negligent and so it is reasonable for Mr X to use this right.

The complaint

1. Mr X complained about how the Council considered his claim for damages to his motor vehicle, caused by a pothole.
2. Mr X said the matter caused him distress and a financial impact.

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The Ombudsman’s role and powers

3. 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)
4. 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. 

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How I considered this complaint

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

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Final decision

7. We will not investigate Mr X’s complaint because he has an alternative legal remedy, through the courts and it is reasonable to expect him to use this remedy. 

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Investigator's decision on behalf of the Ombudsman