The Ombudsman's final decision
Summary: We will not investigate this complaint about the amount of compensation paid after a pothole claim as we cannot achieve the outcome the complainant seeks.
The complaint
Miss X complained about the amount of compensation the Council’s insurers paid to her after her tyre was damaged by a pothole. The decided claim met the cost of the replacement tyre but Miss X seeks additional compensation for the time she had to wait for her recovery service to come to change her wheel, time she spent having a new tyre fitted and distress caused to an elderly relative who Miss X was unable to visit, due, she says, to the damage caused to her car
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 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 continue an investigation if we decide we cannot achieve the outcome someone wants (Local Government Act 1974, section 24A(6), as amended, section 34(B)) 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
I recognise that Miss X suffered inconvenience but unfortunately this is an inherent feature of dealing with such a matter and is not something we could recommend the Council pay a financial remedy for. If Miss X considers the Council is legally bound to pay her such compensation, she can consider taking action through the courts for the compensation she seeks.
In addition, we cannot ask the Council to make a financial payment to someone who is not party to the complaint made to us and so we cannot achieve the outcome Miss X seeks in relation to her elderly relative.
For these reasons, we will not investigate.
Final decision
We will not investigate Miss X’s complaint because we cannot achieve the outcome she seeks.
Investigator's decision on behalf of the Ombudsman