The Ombudsman's final decision
Summary: We will not investigate this complaint about damage caused to a vehicle by a pothole as this is ultimately a matter for the courts.
The complaint
Mrs X complains the Council failed to properly maintain a road which resulted in her vehicle being damaged by a pothole. Mrs X wants the Council to reimburse her for her repair costs.
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 the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
We are not empowered to determine damage claims. Only the courts can decide if the Council is legally liable for the damage caused to Mrs X's vehicle and whether it should pay her compensation. There is a relatively simple, low-cost procedure open to anyone to make a money claim in court. Mrs X could take such action herself directly, or via her insurers.
It is reasonable to expect Mrs X to resort to court action for the compensation she seeks, and we will not therefore investigate.
Final decision
We will not investigate Mrs X’s complaint because whether the Council should pay Mrs X compensation is a matter for the courts to decide.
Investigator's decision on behalf of the Ombudsman