Summary: We will not investigate this complaint about damage caused to Mr X’s car arising from a pothole. This is because it is reasonable to expect Mr X to go to court to determine any liability owed by the Council.

The complaint

1. In summary, Mr X says Council failure to repair a pothole on the public highway caused his tyre to blow and damaged his alloy.
2. Mr X would like the Council to reimburse his garage costs of £224.00.

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The Ombudsman’s role and powers

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 the complainant. I also considered the Ombudsman’s Assessment Code.

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My assessment

5. I will not investigate because liability and any damages owed is usually decided in the courts. It is reasonable for Mr X to take the matter to court. The court can decide if Mr X is entitled to the sum claimed.
6. There is a simple procedure in the county court for dealing with small claims.

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Final decision

7. I will not exercise discretion to investigate. This is because it is reasonable to expect Mr X to go to court to decide any liability owed for his car repairs.

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Investigator's decision on behalf of the Ombudsman