West Sussex County Council (24 020 507)
Category : Transport and highways > Highway repair and maintenance
Decision : Closed after initial enquiries
Decision date : 20 Feb 2025
The Ombudsman's final decision:
Summary: We will not investigate Mrs B’s complaint that her car has been damaged by road defects which the Council has failed to repair. This is because it is reasonable for Mrs B to pursue her compensation claim by taking the Council to court.
The complaint
- Mrs B complains her car has been significantly damaged due to the Council’s failure to maintain the roads in her local area. Mrs B says the Council has wrongly refused her claim for compensation.
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 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)
How I considered this complaint
- I considered information provided by Mrs B.
- I considered the Ombudsman’s Assessment Code.
My assessment
- We do not normally investigate complaints about vehicle damage caused by highway disrepair. This is because in effect such complaints are that an organisation has been negligent.
- The Council has considered Mrs B’s claim for compensation but did not accept the Council is liable for the damage to her car. Mrs B may pursue her claim by taking the Council to court.
- Deciding whether an organisation has been negligent usually involves looking rigorously, and in a structured way at evidence as only the court can to make its findings.
- Only the court can decide if the Council has been negligent and whether the Council is entitled to rely on the statutory defence that it followed a reasonable system of inspection and repair.
- Also, unlike the courts, we have no powers to enforce an award of damages. So, I would usually expect someone in Mrs B’s position to seek a remedy in the courts.
- I do not consider it is unreasonable for Mrs B to do this.
- So, we will not investigate this complaint.
Final decision
- We will not investigate Mrs B’s complaint because it is reasonable for her to take the Council to court.
Investigator's decision on behalf of the Ombudsman