The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint that his car was damaged when it hit a pothole, because it lies outside our jurisdiction. This is because it is a complaint about negligence which is a legal matter for the courts to consider and decide.
The complaint
The complainant, whom I shall call Mr X, complains his car was damaged when it hit a pothole and the Council has denied his claim for damages.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended) 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 the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X says his car was damaged when it hit a large pothole. The damage cost over £700 to repair. Mr X says the total costs he incurred due to the damage were over £1000.
Mr X submitted a claim for damages to the Council. The Council, via its insurers, has denied liability and refused the claim.
Mr X disagrees with the Council’s decision to refuse his claim.
Final decision
We will not investigate Mr X’s complaint because it lies outside our jurisdiction. This is because this is a complaint about negligence which is a legal matter for the courts to consider and decide. The Ombudsman cannot decide a negligence claim nor can it award damages. Only the courts can decide if the Council is liable for Mr X’s losses and if so whether to award the damages Mr X seeks. Mr X clearly considers the Council to be liable and it is reasonable to expect him to use his right to make a claim in the courts.
Investigator's decision on behalf of the Ombudsman