West Sussex County Council (24 021 487)

Category : Transport and highways > Other

Decision : Closed after initial enquiries

Decision date : 03 Apr 2025

The Ombudsman's final decision:

Summary: We will not investigate this complaint about a pothole damage claim as this is a matter for the courts.

The complaint

  1. Mr X complains the Council has refused to pay damages after his wife's car was damaged by a pothole. Mr X wants the Council to reconsider their claim.

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The Ombudsman’s role and powers

  1. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
  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

  1. I considered information provided by the complainant.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. Deciding about whether an organisation has been negligent usually involves looking rigorously, and in a structured way at evidence, as only the court can, to make its findings. In addition, only a court can decide if an organisation has been negligent and so should pay damages. It Is reasonable therefore to expect Mr X to seek a remedy in the courts, directly or through their insurers. We will not therefore investigate.

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Final decision

  1. We will not investigate Mr X’s complaint because it is a matter for the courts.

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Investigator's decision on behalf of the Ombudsman

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