Summary: We will not investigate this complaint about highway disrepair because the courts are better placed to consider the complaint.

The complaint

1. Ms Y complained the Council failed to maintain the highway, leading to a defective drain cover damaging her vehicle. Ms Y says the Council has denied liability but has still repaired the carriageway before then admitting liability but failing to make a settlement offer, instead asking for data which was not relevant to the matter.
2. Ms Y says she has suffered during financial pressure, taken time to write to the Council repeatedly about the matter and been caused inconvenience and distress.

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The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

4. I considered information Ms Y provided and the Ombudsman’s Assessment Code.

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My assessment

5. Miss Y has begun the process of making a negligence claim against the Council for its alleged failure to maintain the highway. She has not yet received an offer of settlement and has instead been asked to provide information which she feels is not relevant. She is seeking an offer of settlement for her claim as part of our process.
6. The legislation from which the Ombudsman takes their power also places some restrictions on what we may investigate. One of these concerns negligence claims about damage to property or personal injury. We cannot determine liability claims for negligence. These are legal claims which may only be determined by insurers or the courts. If Ms Y is unhappy with the lack of offer for settlement she may wish to seek legal advice or contact her car insurer about the matter.
7. We are not able to decide liability or award damages. We cannot require a Council to progress a claim or make an offer. However, the court can consider liability and approaching it can progress a claim. Consequently, any claim for damages, such as costs for repairs, which Ms Y considers the Council to be responsible for, are matters more appropriately dealt with by the courts. We will not investigate this complaint.

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Final decision

8. We will not investigate Ms Y’s complaint because the courts are better placed to consider the complaint.

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Investigator's decision on behalf of the Ombudsman