The Ombudsman's final decision
Summary: We will not investigate this complaint about damage caused to Miss X’s vehicle by a pothole. It is reasonable for Miss X to refer the matter to the small claims court as it is really a negligence claim for compensation.
The complaint
Miss X complained the Council failed to respond to her claim for compensation for damage to her vehicle from a pothole. She says the matter has caused her considerable stress and she had to pay to repair the damage. She wants the Council to refund this cost.
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 information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Miss X says her car was damaged by a pothole. She says the Council has not responded to her communications requesting a refund.
The small claims court is best placed to consider the matter, as it is really a negligence claim. We will not normally investigate such complaints. The small claims court is a relatively straightforward process and fees can be waived for people on a low income. There is not a good reason for us to consider the matter instead.
Investigator's decision on behalf of the Ombudsman