Summary: We will not investigate Miss B’s complaint that her car was damaged due to the Council’s failure to maintain highway gullies. This is because it is reasonable for Miss B to pursue her compensation claim by taking the Council to court.

The complaint

1. Miss B complains her car became submerged after entering a section of road which was flooded due to the Council’s failure to maintain highway gullies. Miss B says she had to pay for her car to be towed and her car was beyond economic repair due to the extent of the damage. Miss B says the Council has refused her compensation claim even though the Council has accepted the gullies were blocked. Miss B would like the Council to pay her compensation for the costs she has incurred because of this incident.

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The Ombudsman’s role and powers

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

4. I considered information provided by Miss B.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. We do not normally investigate complaints about vehicle damage caused by highway disrepair. This is because in effect such complaints are that an organisation has been negligent. Our role is to consider complaints of administrative fault. Negligence claims are best decided by an organisation’s insurers, and if needed, the courts.
7. Miss B may pursue her claim by taking the Council to court.
8. Deciding 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. Also, unlike the courts, we have no powers to enforce an award of damages.
9. So, I would usually expect someone in Miss B’s position to seek a remedy in the courts. I find it is reasonable, and proportionate to Miss B’s claimed losses, for Miss B to do this.
10. So, we will not investigate this complaint.

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Final decision

11. We will not investigate Miss B’s complaint because it is reasonable for her to take the Council to court.

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Investigator's decision on behalf of the Ombudsman