Newcastle upon Tyne City Council (26 017 494)

Category : Transport and highways > Highway repair and maintenance

Decision : Closed after initial enquiries

Decision date : 24 Sep 2026

The Ombudsman's final decision:

Summary: We will not investigate this complaint about a claim for damage to Mr X’s vehicle. Mr X 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 Mr X to use his legal remedy.  

The complaint

  1. Mr X complained his vehicle was damaged by a pothole on a council-maintained highway and refused liability for the matter.
  2. Mr X said this caused distress.
  3. Mr X wants the Council to repair his vehicle.

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The Ombudsman’s role and powers

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

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How I considered this complaint

  1. I considered information provided by Mr X.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. We consider our powers on what we could achieve as part of our consideration of whether an alternative remedy exists and whether it is reasonable for a person to use it.
  2. 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.
  3. We will not investigate Mr X’s complaint. As we cannot decide liability for the damage nor direct the Council to repair Mr X’s vehicle, it is reasonable to expect him to take the matter to court.

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Final decision

  1. We will not investigate Mr X’s complaint because he has an alternative legal remedy through the courts and, because only the courts can achieve the outcome he is looking for, it is reasonable to expect Mr X to use this remedy. 

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Investigator's decision on behalf of the Ombudsman

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