Lincolnshire County Council (19 019 254)
Category : Transport and highways > Other
Decision : Closed after initial enquiries
Decision date : 02 Mar 2020
The Ombudsman's final decision:
Summary: Mr X seeks compensation for pothole damage to his car. The Ombudsman will not investigate as it is reasonable to expect Mr X to resort to court action and the complaint is therefore outside the Ombudsman’s legal remit.
The complaint
- Mr X complains the Council has refused to compensate him for repairs to his car needed after he hit a pothole.
The Ombudsman’s role and powers
- 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)
How I considered this complaint
- I have considered what Mr X said in his complaint and written to him with my draft decision.
What I found
- Mr X had to replace two tyres on his car after he drove over a pothole. Mr X complains the Council has refused to accept liability for the damage or to pay for the repairs.
Assessment
- The Ombudsman cannot determine if the Council is legally liable for the damage to Mr X’s car or if compensation should be paid. Only the courts can do this. There is a low cost procedure open to anyone to make a money claim in the courts or Mr X could consider using a ‘no win, no fee’ solicitor. It is therefore reasonable to expect Mr X to resort to court action for the compensation he seeks.
Final decision
- My decision is that the Ombudsman should not investigate this complaint. This is because it is reasonable to expect Mr X to resort to court action for the compensation he seeks. The complaint is therefore outside the Ombudsman’s legal remit.
Investigator's decision on behalf of the Ombudsman