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

The complaint

1. Mrs Y complained the Authority has failed to admit liability for damage to her car after she says a bus drove into it. Mrs Y is seeking payment for the repairs to her vehicle from the Authority.

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The Ombudsman’s role and powers

2. The Ombudsman investigates 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 may decide not to continue with an investigation if we decide there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

3. I considered information Mrs Y provided and the Ombudsman’s Assessment Code.

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My assessment

4. Mrs Y says her car was damaged when a bus drove past her property and hit her car in November 2022. She says she has taken the car to several garages, all of which have confirmed that the damage is consistent with being hit by a bus. She has contacted the bus company, who she says act on behalf of the Authority, asking it to pay for the repair but this has not been made. She approached us in February 2023.

Analysis

5. 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.
6. We are not able to decide liability or award damages. Consequently, any claim for damages, such as costs for repairs to her car, which Mrs 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

7. We will not investigate Mrs 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