Summary: We will not investigate Mr B’s complaint that his car was damaged by a pothole. This is because it is reasonable for Mr B to take the Council to court.

The complaint

1. Mr B complains his car was damaged by a dangerous pothole which the Council had failed to repair or warn motorists about. Mr B says the Council has wrongly refused his claim for compensation.

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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 Mr B.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. 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.
7. The Council has considered Mr B’s claim for compensation but did not accept the Council is liable for the damage to his car. Mr B may pursue his claim by taking the Council to court.
8. 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. Also, unlike the courts, we have no powers to enforce an award of damages.
9. So, I would usually expect someone in Mr B’s position to seek a remedy in the courts. I do not consider it is unreasonable for Mr B to do this. So, we will not investigate this complaint.

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Final decision

10. We will not investigate Mr B’s complaint because it is reasonable for him to take the Council to court.

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Investigator's decision on behalf of the Ombudsman