Summary: We will not investigate this complaint about a claim for damage to Mr X’s 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 complained about damage to his vehicle caused by a pothole. Mr X said the Council failed to accept liability or communicate with him about the issue.
2. Mr X said the matter caused him distress and a financial loss.

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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 it would be reasonable to expect him to pursue a claim of negligence by the Council in court. Only the courts can achieve the outcome Mr X seeks.

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Investigator's decision on behalf of the Ombudsman