Summary: We will not investigate Miss X’s concerns about the Council’s Road inspection/repair regime and her claim for damages to her car tyre. This is because it does not meet the tests in our Assessment Code on how we decide which complaints to investigate. It is reasonable to expect the complainant to go to court.

The complaint

1. In summary, Miss says her car tyre was damaged due to a pothole on a road maintained by the Council. She would like the Council to contribute to the cost of her new tyre.
2. Miss X also says the Council’s response to her claim was inaccurate as the Council has referred to a different pothole in a different location.
3. She says she has been caused a lot of anxiety and stress in pursuing the Council for a response and also in having to gather evidence for a location that is nearly 80 miles away from her home.

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The Ombudsman’s role and powers

4. 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)
5. 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

6. I considered information provided by the complainant. I considered the Ombudsman’s Assessment Code.

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My assessment

7. The Council has denied liability for the damage caused to Miss X’s car. It also denies negligence in not repairing the road surface promptly.
8. We will not investigate because the matter of liability for damages is usually decided in the courts. It is reasonable for Miss X to take the matter to the small claims court. The court is best placed to decide if the Council is liable for the damage and if Miss X is entitled to claim the costs of a new tyre.
9. Further, if Miss X or any other resident is concerned about a particular highway being in disrepair, there is a legal process available to use. The person affected can apply to the magistrates’ court for an order to be made under section 56 of the Highways Act 1980. This order requires the highways authority to carry out the work needed to the highway. The courts are in the best position to decide whether a local highways authority has met its statutory duty to maintain a highway.

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Final decision

10. I will not investigate. This is because it is reasonable to expect Miss X to go to court to decide the Council’s liability for her claim.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman