London Borough of Enfield (20 007 787)
Category : Transport and highways > Other
Decision : Closed after initial enquiries
Decision date : 24 Nov 2020
The Ombudsman's final decision:
Summary: The Ombudsman will not investigate Mr X’s complaint that the Council will not compensate him for damage caused to his car by a pothole. It is reasonable to expect Mr X to take court action for the compensation he seeks and the complaint is therefore outside our legal remit.
The complaint
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 I have sent him my draft decision on it for his comments. Mr X made no further comment.
What I found
- Mr X complains the Council will not compensate him for damage caused to his car by a pothole. Mr X believes the defect should have been picked up during a Council inspection of the road and that therefore the Council is liable for the damage to his car.
Analysis
- The Ombudsman cannot determine if the Council is legally liable for the damage caused to Mr X’s car or whether compensation should be paid. Only the courts can do this and there is a simple 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 take court action and the complaint is therefore outside the Ombudsman’s legal remit.
Final decision
- My decision is that the Ombudsman will not investigate this complaint. The complaint is outside the Ombudsman’s legal remit as it is reasonable to expect Mr X to take court action for the compensation he seeks.
Investigator's decision on behalf of the Ombudsman