The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s refusal to pay compensation for damage as this is a matter for the courts.
The complaint
Mrs X complains the Council has refused to pay for repairs needed after her car was damaged by a pothole.
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
We are not empowered to determine whether the Council is legally liable for the damage to Mrs X’s car or whether it should pay compensation. Such damage claims can only be decided in court. There is a relatively straight forward and low cost procedure open to anyone to take such action in court and it is reasonable to expect Mrs X to do so. We will not therefore investigate.
Final decision
We will not investigate Mrs X’s complaint because she can reasonably take action in court for the compensation she seeks.
Investigator's decision on behalf of the Ombudsman