The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about the Council’s handling of his claim for compensation for damage to his vehicle. This is because it would be reasonable for Mr X to make a claim against the Council at court.
The complaint
The complainant, Mr X, complains the Council rejected his claim for compensation for damage to his car which happened when he hit a pothole in the road.
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 Ombudsman’s Assessment Code.
My assessment
Mr X says he suffered damage to his car when he hit a pothole in the road. He made a claim to the Council for compensation but the Council refused it.
It is not for us to determine the Council’s liability for the damage to Mr X’s car. If Mr X believes the Council is liable it would be reasonable for him to make a claim against it through the courts. The law provides a specific defence against such claims and it would not be appropriate for us to deny the Council the opportunity to use it.
Final decision
We will not investigate this complaint. This is because it would be reasonable for Mr X to make a claim against the Council at court.
Investigator's decision on behalf of the Ombudsman