Summary: We will not investigate Mr X’s complaint about the Council’s refusal to accept liability for damage to his vehicle caused when he drove over an uneven kerbstone. This is because it would be reasonable for Mr X to make a claim against the Council at court.

The complaint

1. The complainant, Mr X, complains the Council has denied liability for damage to his vehicle which he says results from defects in the road following resurfacing works in 2021.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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)

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How I considered this complaint

4. I considered information provided by Mr X and the Ombudsman’s Assessment Code.

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My assessment

5. The Council has considered Mr X’s claim, made via his insurers, but has refused to accept responsibility for the damage to his vehicle. This is a decision the Council was entitled to make and if Mr X disagrees with it, it would be reasonable for him to take the matter to court.
6. It is not for us to say the Council should accept liability for the damage, especially in light of the comment from Mr X’s insurers that there are “no changes of success in trying to recover our costs from the Council”, and it would not be appropriate for us to deny the Council the opportunity to defend itself in court.

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Final decision

7. We will not investigate this complaint. This is because it would be reasonable for Mr X to take the matter to court.

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Investigator's decision on behalf of the Ombudsman