Summary: We will not investigate Ms B’s complaint about the Council’s refusal of her compensation claim after her car was damaged by a road defect. This is because it is reasonable for Ms B to pursue her claim by taking the Council to court.

The complaint

1. Ms B complains her car was damaged by a road defect. Ms B says the Council is responsible for the damage because it did not put in place enough signs to warn motorists. Ms B says the Council has wrongly refused her compensation claim and has not considered relevant evidence or fully explained why it considers the signage was sufficient.

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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 Act 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 Ms B.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Ms B may ask the Council to tell her the information it used to decide her claim.
7. Ms B may also pursue her compensation claim by taking the Council to court.
8. In effect, Ms B’s complaint is that the Council has been negligent. The courts are in the best position to decide a negligence claim. This involves looking rigorously, and in a structured way at the evidence of both parties to reach a decision.
9. In addition, only a court can decide if an organisation has been negligent and so should pay damages. We cannot recommend actions or payments that ‘punish’ the organisation.
10. I cannot decide whether the Council has been negligent and have no powers to enforce an award of damages.
11. So, I would usually expect someone in Ms B’s position to seek a remedy in the courts, directly or through her insurers. I do not consider it is unreasonable for Ms B to do this.
12. So, we will not investigate this complaint.

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Final decision

13. We will not investigate Ms B’s complaint because it is reasonable for her to take the Council to court.

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Investigator's decision on behalf of the Ombudsman