The Ombudsman's final decision
Summary: We will not investigate this complaint about potholes and damage to Mr X’s car. This is because the complaint falls outside our jurisdiction as Mr X can take the Council to court if he believes it is responsible for the damage.
The complaint
The complainant, who I refer to as Mr X, says the Council’s insurers should pay for damage to his car caused by potholes in its area.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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 Mr X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X believes the Council’s poorly maintained roads have caused damage to his car and that its insurers should pay for this damage.
The restriction highlighted at paragraph 3 applies to Mr X’s complaint. If he believes the Council has been negligent in failing to maintain its roads and this has caused damage to his car, he can make an insurance claim against the Council and if his claim is unsuccessful he can take the Council to court.
As Mr X has this alternative remedy available to him which we would reasonably expect him to use, the complaint falls outside our jurisdiction and will not be investigated.
Mr X also says the Council has not responded to an FOI request he made. The Information Commissioner's Office considers complaints about freedom of information and this body is best placed to deal with such matters.
Final decision
We will not investigate Mr X’s complaint because the complaint falls outside our jurisdiction as Mr X can take the Council to court if he believes it is responsible for damage to his car.
Investigator's decision on behalf of the Ombudsman