Sheffield City Council (26 001 382)
Category : Transport and highways > Other
Decision : Closed after initial enquiries
Decision date : 28 Apr 2026
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the rejection of a claim for damage to a vehicle caused by a pothole in the highway. It is reasonable for Mr X to make a claim against the Council’s insurance or to the courts if liability is not accepted.
The complaint
- Mr X complained about the Council’s highways contractors refusal to accept his claim for damage to his vehicle caused by a pothole in the highway. He says it was difficult to submit photographs of the pothole on a busy road and his claim was finally rejected.
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 considered information provided by the complainant and the Council’s response.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X says his claim for compensation was rejected by the Council’s highways contractors. They say that the road in question had been inspected within 6 months and no prior defects had been recorded so no liability is accepted.
- We will not normally investigate complaints about damage to property or injury to people arising from liability claims for negligence. These are legal claims which may only be determined by insurers or the courts. It is normal procedure for persons suffering damages or personal injury caused by a council or its contractors to submit an insurance claim against the Council. This will then be treated as a claim, rather than a complaint and passed on to its insurers or legal team for a response on liability.
- Negligence claims and interpreting the law around legal torts are generally best decided by a court. Only a court can decide whether the problem should have been dealt with by the council before it caused harm or if the council is liable to pay “damages” for the loss or injury someone has suffered.
Final decision
- We will not investigate this complaint about the rejection of a claim for damage to a vehicle caused by a pothole in the highway. It is reasonable for Mr X to make a claim against the Council’s insurance or to the courts if liability is not accepted.
Investigator's decision on behalf of the Ombudsman