Derbyshire County Council (20 001 530)
Category : Transport and highways > Other
Decision : Closed after initial enquiries
Decision date : 13 Aug 2020
The Ombudsman's final decision:
Summary: The Ombudsman will not investigate Mr X’s complaint that the Council will not pay for repairs to his car caused by what Mr X says was a poorly maintained road. 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.
The complaint
- Mr X complains his car was damaged by a poorly maintained road and the Council will not pay for repairs.
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 the comments he made in response to my draft decision.
What I found
- Mr X complains his car was damaged by a poorly maintained road and the Council will not pay for repairs.
Assessment
- The Ombudsman cannot determine if the Council is legally liable for the damage caused to Mr X’s car. 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.
- For these reasons, it is reasonable to expect Mr X to resort to court action for the compensation he seeks. The complaint is therefore outside our legal remit.
Final decision
- My decision is that the Ombudsman will not investigate this complaint. This is because it is reasonable to expect Mr X to resort to court action for the compensation he seeks and the complaint is therefore outside the Ombudsman’s legal remit.
Investigator's decision on behalf of the Ombudsman