London Borough of Harrow (20 006 844)
Category : Transport and highways > Street furniture and lighting
Decision : Closed after initial enquiries
Decision date : 26 Nov 2020
The Ombudsman's final decision:
Summary: Mr X complains about damage to his car which he says was due to a lack of street lighting and the poor design of the public highway. The Ombudsman will not investigate Mr X’s complaint. This is because it is reasonable for Mr X to use the legal remedy available to him.
The complaint
- The complainant, whom I shall call Mr X, complains about damage to his car which he says was due to a lack of street lighting and the poor design of the public highway.
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 Mr X’s complaint to the Ombudsman and the information he provided. I also gave Mr X the opportunity to comment on a draft statement before issuing a final decision on his complaint.
What I found
- Mr X says he was driving on an unfamiliar part of the public highway in the Council’s area. Mr X says the design of the public highway and a lack of street lighting meant his car mounted the pavement causing a flat tyre. Mr X wants the Council to pay compensation for the damage and the inconvenience caused.
- The role of the Ombudsman is to consider complaints about administrative fault. We cannot establish liability in complaints involving damage to property. Claims for damage to property are a matter for the Council’s insurers and, ultimately, for the courts.
- If the Council’s insurers reject a formal claim from Mr X, it is open to him to make a claim in court. I consider it would be reasonable for him to do so. This is because only the Court can decide if the Council has been negligent. The Court can decide what damages, if any, the Council should pay. Also, Section 58 of the Highways Act 1980, gives a council the right to put forward in court a defence against claims for damage from the condition of the highway. The Ombudsman will not remove the right of the Council to use that defence by investigating Mr X’s complaint.
Final decision
- The Ombudsman will not investigate Mr X’s complaint. This is because it is reasonable for Mr X to use the legal remedy available to him.
Investigator's decision on behalf of the Ombudsman