Summary: The Ombudsman will not investigate Mr X’s complaint about the Council’s refusal to settle his claim for damage to his car. This is because it would be reasonable for Mr X to take the matter to court.

The complaint

1. The complainant, Mr X, complains the Council refused his claim for damage caused to his car when he drove over a pothole in the road.

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The Ombudsman’s role and powers

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

3. I reviewed Mr X’s complaint, shared my draft decision with him and invited his comments.

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What I found

4. Section 41 of the Highways Act 1980 places a duty on highway authorities to maintain public highways. Highway authorities are expected to routinely monitor the state of highways for which they are responsible and to carry out repairs where necessary.
5. Mr X’s car was damaged when he drove over a pothole in the road in 2018. He made a claim to the Council but is not happy with its response. He wants the Council to pay for repairs to his car and give him compensation for his inconvenience.

6. The Ombudsman will not investigate this complaint. Whether the Council is liable for the damage to Mr X’s car is a legal issue. It requires interpretation of the law to determine whether the Council fulfilled its duty under the Highways Act and this is not something the Ombudsman can provide. It would therefore be reasonable for Mr X to take the matter to court.

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Final decision

7. The Ombudsman will not investigate this complaint. This is because it would be reasonable for Mr X to take the matter to court.

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Investigator's decision on behalf of the Ombudsman