Summary: We will not investigate Mr X’s complaint about a claim for damage to his motor vehicle. It would be reasonable to expect Mr X to pursue a claim of negligence by the Council in court.

The complaint

1. Mr X complains about damage to his motor vehicle caused by a pothole. Mr X says the Council’s insurers accepted liability but refused to cover the full cost of repairs to his vehicle.
2. Mr X says this caused him financial difficulties.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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)
5. 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

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

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Final decision

8. We will not investigate Mr X’s complaint because it would be reasonable to expect him to take the matter to court. Only the court can decide whether the Council should pay damages to cover the full cost of Mr X’s repairs.

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Investigator's decision on behalf of the Ombudsman