Summary: We will not investigate Mr X’s complaint about the Council’s maintenance of a road because it is reasonable for the complainant to go to court.

The complaint

1. Mr X complains the Council failed to properly maintain the highway resulting in damage to his tyre.
2. Mr X complains the Council's highways inspection regime was ineffective as the pothole was not identified before his incident. Mr X complains the Council's insurer wrongly relied on the inspection records to reject his compensation claim

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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)

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How I considered this complaint

4. I considered information provided by the complainant. I also considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X has the right to apply to a Magistrates’ court for an order requiring the Council to take whatever action is needed to bring a highway up to standard.
6. Only a court can legally decide whether the Council has maintained the highway properly or is liable for any damage to property due to a failure to repair the highway. The law also gives the Council the right to defend in court against any claims. It is therefore reasonable for Mr X to go to court and so I will not investigate.

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Investigator's decision on behalf of the Ombudsman