Summary: We will not investigate Miss X’s complaint about a claim for damage to her motor vehicle. This is because she 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 for Miss X to use her legal remedy.

The complaint

1. Miss X complains her vehicle was damaged because of potholes the Council had failed to repair.
2. Miss X says she had to pay for repairs to her vehicle, and the matter caused her anxiety.

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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 Miss X’s complaint because she has an alternative legal remedy through the courts. Only the courts can achieve the outcome she seeks, so it is reasonable to expect her to use this remedy.

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Investigator's decision on behalf of the Ombudsman