The Ombudsman's final decision
Summary: Mr X complains about the Council’s failure to admit liability for the damage to his car. We will not investigate because this complaint does not meet the tests set out in our Assessment Code. It is reasonable for Mr X to pursue his claim by taking the Council to court.
The complaint
Mr X complains about the Council’s failure to admit liability for the damage caused to his car when driving over a pothole. Mr X says he has spent over £3000 on car repairs, and he would like the Council to settle his claim.
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 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 Miss X.
My assessment
We will not investigate. This is because the court is best placed to consider Mr X’s claim for compensation.
Only the court can decide if an organisation has been negligent and so should pay damages. We cannot recommend actions or payments that ‘punish’ the organisation.
I cannot decide whether the Council has been negligent and have no powers to enforce an award of damages. This means I would usually expect someone in Mr X’s position to seek a remedy in the courts, directly or through his insurers. I do not consider there is any reason why Mr X cannot do this, so we will not investigate this complaint.
Final decision
We will not investigate Mr X’s complaint as it is reasonable for him to pursue his claim for damages by taking the Council to court.
Investigator’s decision on behalf of the Ombudsman
Investigator's decision on behalf of the Ombudsman