Summary: Mr X complains about damage caused to his car by a pothole. He says the Council has not reimbursed him for the cost of his repairs and wants it to do so. He also wants it to repair the pothole. The Ombudsman cannot investigate this complaint because it is reasonable to expect Mr X to use his right of redress in the courts to recover the cost of his repairs. Moreover, he can apply to a Magistrates’ court if he wants the pothole repaired.

The complaint

1. The complainant, who I shall refer to as Mr X, complains about damage caused to his car by a pothole. He says the Council has not reimbursed him for the cost of his repairs and wants it to do so. He also wants it to repair the pothole.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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 the information submitted by Mr X and provided him with an opportunity to comment on my draft decision.

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What I found

5. Mr X says his car was damaged when he hit a pothole whilst driving in the Council’s area. He then submitted a claim and asked it to reimburse him the cost of the repairs, but states it refused to do this.
6. The Ombudsman cannot investigate claims about damage to property. These are legal claims of negligence which insurers deal with. In this case, the Council has refused to accept liability for the damage caused to Mr X’s car.
7. I cannot say whether the Council is liable to pay damages to Mr X. Only the courts can make those decisions. Therefore, he should submit a claim to the small claims court if he wants to pursue this matter.
8. Likewise, he should consider using the courts if he wants the pothole repaired. Section 56 of the Highways Act 1980 allows members of the public to apply to a Magistrates’ court for an order requiring councils to repair a highway or road. Therefore, the Ombudsman expects complainants to exercise this right in these cases, meaning we also cannot investigate this part of Mr X’s complaint.

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Final decision

9. The Ombudsman cannot investigate this complaint. This is because it is reasonable to expect Mr X to use his right of redress in the courts to recover the cost of his repairs. Moreover, he can apply to a Magistrates’ court if he wants the pothole repaired.

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Investigator's decision on behalf of the Ombudsman