The Ombudsman's final decision
Summary: We will not investigate Mrs X’s complaint about the Council’s decision to refuse her son’s claim for damages after his car hit a pothole. This is because this is a complaint about negligence which is a legal matter for the courts to consider and decide.
The complaint
The complainant, Mrs X, complains the Council refused her son’s (Mr X’s) claim for damages after his car was written off when it hit a pothole.
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 do not start an investigation if we decide 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’s car was damaged and written off when he hit a pothole. He had to purchase a new car at a cost of £1100. He submitted a claim for damages to the Council.
The Council has considered the claim. It denied liability.
We will not investigate this 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. We cannot decide a negligence claim. Only the courts can decide if Mr X’s losses have been caused by negligence by the Council and, if so, whether to award any damages sought. It is reasonable to expect Mr X to use his right to pursue his claim in the courts. Making a claim is a simple, low cost and accessible process with fees on a sliding scale depending on the level of the monetary claim. Those on a low income can apply for help with the fees.
Final decision
We will not investigate Mrs X’s complaint because it is a complaint about negligence which is a legal matter for the courts to decide and it is reasonable to expect Mr X to use his right to pursue his claim in court.
Investigator's decision on behalf of the Ombudsman