Summary: We will not investigate this complaint about highway maintenance because it is reasonable to expect Miss Y to approach the court about the matter.

The complaint

1. Miss Y complained the Council has wrongly rejected her insurance claim for the cost of repair to her vehicle after being damaged by a pothole. The Council said it was not aware of the pothole, but following a Freedom of Information (FOI) request, Miss Y says this is incorrect.
2. Miss Y says the issue has caused upset and worry and repeated correspondence which has taken up her time.

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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))
4. 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

5. I considered information Miss Y provided and the Ombudsman’s Assessment Code.

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My assessment

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.
7. Miss Y has made a claim to the Council’s insurers, who have rejected the claim. Miss Y disagrees with this and is seeking a reconsideration of her claim. This is something we cannot do and is for the court, who is better placed to decide.
8. We cannot decide liability or award damages. Consequently, any claim for damages, such as costs for repairs, which Miss Y considers the Council to be responsible for, are matters more appropriately dealt with by the courts. It is therefore reasonable for Miss Y to pursue her claim through either her insurer or the courts. We will not investigate this complaint.

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Final decision

9. We will not investigate Miss Y’s complaint because it is reasonable to expect Miss Y to approach the court about the matter.

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Investigator's decision on behalf of the Ombudsman